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Iowa he person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument t_____________________, personally appeared _________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is be true as of our own personal knowledge. Signature Printed Name Date Signature Printed Name Date State of Iowa County of __________________ } ss. On ____________ before me, ____________________stead. 3. This property is our principal dwelling, and we reside in this property on the date that the homestead declaration is recorded. 4. The facts stated in this homestead declaration are known toty of ___________________________, State of Iowa, and more particularly described as follows (give complete legal description): 2. We claim this property and the dwelling thereon as our family's homehat we are the owners of the following property located at the address of __________________ __________________________________________________________, in the City of ______________________, and Coun____________________________________ City State and Zip ) ) ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION We, _____________________________________ and hereby certify and declare the following: , do 1. T Homestead ­Married (Instructions) 2 Recording Request By and When Recorded Mail To _____________________________________________ Name _____________________________________________ Address _________ne number in your local telephone directory. One Self-Addressed Stamped Envelopes. You will need this because you will be asking the clerk to return a copy of the recorded Declaration. Declaration ofthe Declaration Fees. You will need to include a check for the recording fee. To get the specific amount of the recording fee you can contact your County Recorder. You can find its address and telepho clerk to record the Declaration and mail back it back to you (in the self-addressed stamped envelope you've enclosed). You will need to include the following items: Forms. The original and a copy of e directory. Mail ­If you choose to mail your Declaration to the County Recorder you will need to begin with a cover letter explaining what you have included and what you need done. You will want thethe specific amount of the recording fee Declaration of Homestead ­Married (Instructions) 1 you can contact your County Recorder. You can find its address and telephone number in you local telephonwill tell the clerk you want to record a Declaration of Homestead. The clerk will help you from here. Fees. You will need to pay the clerk the amount of the recording fee, probably around $10. To get on't have to wait for delivery. You can take the form to your County Recorder. You will need to bring in the original and two copies (just to be safe) of your completed and notarized Declaration. You by the court and for your personal records. Step 5: Recording. You can either record the Declaration in person or by mail. In Person ­Recording your Declaration in person will be quicker because you widentification with you (e.g. social security card, driver license, passport, etc.). Step 4: Copies. You should make at least two copies of your completed forms in case additional copies are required completed by the notary. B. RECORDING THE DECLARATION Step 3: Notary Acknowledgement. Take the form to a Notary Public, you can find one in your telephone directory or at local bank. Take personal y. See Iowa Code, §561.4. Signature and Date. You will need to have this form notarized, so wait to sign it until you are in front of the notary. Notarization. Don't bother filling this in, it will betion is impossible that statute allows for physical markers to be used on your property to denote the boundaries of the homestead, along with a description of the boundaries and a plat for the propertper right hand corner, insert the address you would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a legal description of the dwelling. If a legal descripd in the form carefully. Step 2: Completing the form. Insert the appropriate information in the form. Below are additional instructions for the trickier sections of the form: Return Address. In the upIONS IOWA DECLARATION OF HOMESTEAD--MARRIED A. GETTING STARTED ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well as the instructions containen contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. INSTRUCTl damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether is are used at your own risk. In no event will FindLegalForms, Inc, its agents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequentia. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness of any of the materials for your particular needs. The materialated by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.comink and print as legibly and neatly as possible. The court may reject forms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Client relationship is cre on the computer by entering the requested information in the appropriate spaces or you can fill them out manually. If you are filling out the forms manually and are not using a typewriter, use black (iv) A resident of the state of Iowa. Materials This packet contains: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (iii) The Declaration You can fill out the formsRequirements To use this packet you must be: (i) The owner of a dwelling (e.g. house, condo, etc.), not a renter; (ii) Married; (iii) You must reside in the dwelling at the time of the recording; and , 561.2, 561.4, and 561.21 of the Iowa Code. Note that if the value of the homestead within these size limits is less than $500, the homestead may be enlarged until it reaches a total value of $500. for the improvement of the homestead property, (iii) tax liens or (iv) loans or debts contracted with an express waiver of the homestead exemption. For more information you should read sections 561.1mestead must be executed by both spouses to be valid. Also note: the Declaration does not protect you from: (i) loans or debts contracted prior to the acquisition of the homestead, (ii) debts incurredrecord a declared homestead exemption form with the County Recorder in the county where the home is located. For married couples, Iowa also requires that any conveyance of property transferring the hove made no such voluntary declaration, a court may survey your property and issue its own determination of what does and does not lay within the boundaries of your exempt homestead. The homeowner can by filling out and recording such a declaration, you will have the opportunity to define the boundaries of your exempted homestead on your own terms. If a claim is brought against your home and you han exempt homestead may be no larger than 40 acres in rural areas, or ½ acre in urban areas . It is not required that a homeowner make a homestead declaration in order to enjoy the exemption. However, (up to the total value of the previous home). Note, however, that while there is no limit placed upon the value of the exemption, there is a limitation placed upon the size of the homestead itself. Aion; see below). Further, if you sell your home and use the proceeds to purchase a new one, that new home will enjoy an exemption against all of the debts from which your previous homestead was exemptm creditors' claims, Iowa has no such limit. Thus, all of the equity you own in your homestead is protected from the claims of creditors (except for those debts that excepted from the homestead exempte homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. While some states impose a limit upon the amount of equity in a homestead that is exempt frou will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you home sold. ThINFORMATION IOWA DECLARATION OF HOMESTEAD--MARRIED Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person who sued yo Iowa