State of Iowa v. The Wolford Corporation

Summary

The Iowa Supreme Court held that violating Iowa Code section 558.46(1), which requires timely recording of residential real estate installment sales contracts, constitutes a public offense subject to criminal prosecution. The court also held that a later contract replacing the original did not retroactively extinguish the seller’s obligation to record the original contract. The court affirmed the district court’s judgment.

Holdings

1. A violation of Iowa Code section 558.46(1) is a public offense punishable through criminal prosecution rather than merely a civil infraction.
2. Execution of the second contract did not retroactively extinguish Wolford's statutory obligation to timely record the original contract.

Questions Presented

1. Whether a violation of Iowa Code section 558.46(1) is a public offense punishable through criminal prosecution.
2. Whether execution of a second real estate contract extinguished Wolford's statutory obligation to timely record the original contract.

Disposition

affirmed