Iowa Code » Chapter 617 — COMMENCING ACTIONS
Iowa Code

Iowa Code § 617.11 (2026)

Lis pendens

✓ current as of July 2026
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1. When a petition or municipal infraction citation affecting real estate is indexed pursuant to section 617.10, either action shall be considered pending so as to charge all third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff’s rights.

2. If a claim of interest against the property is acquired prior to the indexing of a petition affecting real estate and filed by anyone other than a city and such claim is not indexed or filed of record prior to the indexing of the petition, it is subject to the pending action as provided in subsection 1, unless any of the following occurs:

a. The claimant intervenes in the pending action prior to entry of judgment.

b. The claimant, prior to transfer of an interest in the property to a bona fide third-party transferee, records an affidavit showing that the party seeking relief under the pending action had, prior to the indexing of the petition, actual notice of the claim of interest and of the identity of the claimant.

3. If a claim of interest against the property is acquired prior to the indexing of a petition or municipal infraction citation affecting real estate and filed by a city and such claim is not indexed or filed of record prior to the indexing of the petition or citation, it is subject to the pending action as provided in subsection 1, unless either of the following occurs:

a. The claimant intervenes in the pending action and obtains relief from the court prior to entry of judgment.

b. Within ninety days after entry of judgment, the claimant files an application to reopen a petition or municipal infraction citation affecting real estate and filed by a city and proves at the hearing on the application that the claimant is entitled to relief because the city had actual notice of the claim of interest and of the identity of the claimant prior to the indexing of the petition or citation.

4. Subsections 2 and 3 shall not apply to a mechanic’s lien filed pursuant to chapter 572 or to a person who has taken possession of the property for value prior to the indexing of the petition or citation. [R60, §2842; C73, §2628; C97, §3543; S13, §3543; C24, 27, 31, 35, 39, §11093; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §617.11] 2012 Acts, ch 1053, §1; 2012 Acts, ch 1138, §76 Referred to in §575.1, 602.8102(94) \n

Notes of Decisions
Cited in 7 cases, 1958–1990 · 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 4× “It had not been docketed so as to provide notice to third parties under § 617.11, The Code. Nor had the action been indexed on February 8, 1972, when a search was made by a different abstractor preparatory to foreclosure by Thorp Credit, Inc.”
Kansas City Life Ins. Co. v. Hullinger, 459 N.W.2d 889 (Iowa Ct. App. 1990). · cites it 4× “The lis pendens provisions of Iowa Code section 617.11 provide: When so indexed said action shall be considered pending so as to charge all third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as…”
Gardner v. Gardner, 454 N.W.2d 361 (Iowa 1990). · cites it 2× “See Iowa Code § 617.11 . We reverse and remand this case for a new trial.”
Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977). “” § 617.11, The Code; Rider v. Kelso, 53 Iowa 367, 370 , 5 N.”
Joneson v. Joneson, 102 N.W.2d 911 (Iowa 1960). · cites it 2× “Appellee relies upon the lis pendens statutes, section 617:10 of which, so far as material here, provides: “When a petition affecting real estate is filed, the clerk of the district court where filed shall forthwith index *830 same in an index book to be provided therefor, under…”
Wagner v. Wagner, 90 N.W.2d 758 (Iowa 1958). · cites it 2× “Section 617.11, Code of 1950, provided : “617.”
In re Rodemeyer, 99 B.R. 938 (N.D. Iowa 1989). · cites it 3× “Section 617.11 of Iowa Code says: When so indexed said action shall be considered pending so as to charge all third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff’s rights.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.