Iowa Code » Chapter 561 — HOMESTEAD
Iowa Code

Iowa Code § 561.5 (2026)

Platted by officer having execution

✓ Iowa Code 2026 (laws through the 2025 session)
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Should the homestead not be platted and recorded at the time levy is made upon real property in which a homestead is included, the officer having the execution shall give notice in writing to the owner or owners if found within the county, to plat and record the same within ten days after service; after which time the officer shall cause the homestead to be platted and recorded, and the expense shall be added to the costs in the case. [C51, §1254; R60, §2286; C73, §1998; S13, §2979; C24, 27, 31, 35, 39, §10139; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.5] 87 Acts, ch 116, §2 Referred to in §561.6

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Notes of Decisions
Cited in 4 cases, 1988–1989 · leading case: First Nat'l Bank in Fairfield v. Diers, 430 N.W.2d 412 (Iowa 1988).
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First Nat'l Bank in Fairfield v. Diers, 430 N.W.2d 412 (Iowa 1988). · cites it 4× “See Iowa Code § 561.5 ; Westfall, 219 Iowa at 1132-36 , 260 N.”
Equitable Life Assurance Soc'y of the United States v. Anderson, 438 N.W.2d 857 (Iowa Ct. App. 1989). · cites it 6× “As grounds for appeal, Andersons contend the sale of the real estate was invalid since the sheriff failed to separately plat and record the Andersons’ homestead as required by Iowa Code section 561.5. Further, Andersons argue the plaintiff’s failure to engage in mandatory…”
Welsh v. Citizens Nat'l Bank of Boone-Stratford, 420 N.W.2d 473 (Iowa 1988). · cites it 4× “The sheriff did not, prior to sale, plat a homestead for Welsh, or serve notice on him to do so, as required by Iowa Code section 561.5 (1985). Welsh filed a petition to set aside the sheriffs sale on that ground.”
Veninga v. Valley State Bank of Rock Valley, 443 N.W.2d 721 (Iowa 1989). · cites it 4× “” On June 30, 1986, the Veningas sued Equitable in the state district court, claim *723 ing that the November 14 -sheriffs sale was void because no homestead had been platted by the sheriff as required by Iowa Code section 561.5 (1985). They sought to have the court set aside…”
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