Iowa Code

Iowa Code § 617.10 (2026)

Real estate — action indexed

✓ current as of July 2026

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1. When a petition or municipal infraction citation affecting real estate is filed, the clerk of the district court where the petition or municipal infraction citation is filed shall index the petition or municipal infraction citation in an index book under the tract number which describes the property, entering in each instance the case number as a guide to the record of court proceedings which affect the real estate. If the petition or municipal infraction citation is amended to include other parties or other lands, the amended petition or municipal infraction \n Tue Dec 09 21:59:27 2025 Iowa Code 2026, Chapter 617 (25, 0) §617.10, COMMENCING ACTIONS 4\n\ncitation shall be similarly indexed. When a final result is determined in the case, the result shall be indicated in the index book wherever indexed.

2. As used in this section, “book” means any mode of permanent recording, including but not limited to card files, microfilm, microfiche, and electronic records. [R60, §2842; C73, §2628; C97, §3543; S13, §3543; C24, 27, 31, 35, 39, §11092; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §617.10] 2007 Acts, ch 71, §4; 2010 Acts, ch 1050, §6 Referred to in §364.22, 446.7, 575.1, 602.8102(94), 617.11, 655A.3, 657.2A, 657A.2, 657A.12 \n

Notes of Decisions

Cited in 4 cases, 1977–2005 · leading case: Mauer v. Rohde, 257 N.W.2d 489 (Iowa 1977).

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Mauer v. Rohde, 257 N.W.2d 489 (Iowa 1977). · cites it 2× “District court found the backdating was done at Wagener’s request, that the cause of action in the amended petition was not an action “affecting real estate” as required by § 617.10, The Code, and therefore was not entitled to lis pendens status and indexing.”

Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977). “§ 617.10, The Code. When so indexed, the action charges all third persons with notice “and while pending no interest can be acquired by third persons in the subject matter thereof as against plaintiff’s rights.”

Meyer v. Jones, 696 N.W.2d 611 (Iowa 2005). “§ 617.10. Therefore, the city cannot rely on the theory that the hearing officer’s finding that Reid’s property was a nuisance gave Meyer constructive notice of the finding and created an encumbrance on the property running with the land.”

In re Rodemeyer, 99 B.R. 938 (N.D. Iowa 1989). · cites it 8× “In Iowa, the indexing of a pending action against real estate is provided for in Iowa Code §§ 617.10 and 617.11. Section 617.”

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