Idaho Code § 45-501 — Idaho Code / Title 45 / Chapter 5 / Section 45-501
45-501 RIGHT TO LIEN.
Status: in_force

45-501. Right to lien. Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who grades, fills in, levels, surfaces or otherwise improves any land, or who performs labor in any mine or mining claim, and every professional engineer or licensed surveyor under contract who prepares or furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever for which he is legally authorized to perform in connection with any land or building development or improvement, or to establish boundaries, has a lien upon the same for the work or labor done or professional services or materials furnished, whether done or furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder or any person having charge of any mining claim, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purpose of this chapter: provided, that the lessee or lessees of any mining claim shall not be considered as the agent or agents of the owner under the provisions of this chapter.

For purposes of this chapter the term "furnishing material" shall also include, notwithstanding any other provision of law to the contrary, supplying, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code.

"Furnishing material" shall also include renting, leasing or otherwise supplying any equipment, materials, fixtures or machinery to any mine or mining claim.

History:

[(45-501) 1893, p. 49, ch. 1, sec. 1; reen. 1899, p. 147, ch. 1, sec. 1; reen. R.C. & C.L., sec. 5110; C.S., sec. 7339; I.C.A., sec. 44-501; am. 1951, ch. 199, sec. 1, p. 422; am. 1971, ch. 91, sec. 1, p. 196; am. 1998, ch. 269, sec. 1, p. 898; am. 2001, ch. 152, sec. 1, p. 550.]
Idaho Code § 45-1302 — Idaho Code / Title 45 / Chapter 13 / Section 45-1302
45-1302 DETERMINATION OF ALL RIGHTS UPON FORECLOSURE PROCEEDINGS.
Status: in_force

45-1302. Determination of all rights upon foreclosure proceedings. In any suit brought to foreclose a mortgage or lien upon real property or a lien on or security interest in personal property, the plaintiff, cross-complainant or plaintiff in intervention may make as party defendant in the same cause of action, any person having, claiming or appearing to have or to claim any title, estate, or interest in or to any part of the real or personal property involved therein, and the court shall, in addition to granting relief in the foreclosure action, determine the title, estate or interest of all parties thereto in the same manner and to the same extent and effect as in the action to quiet title.

History:

[45-1302, added 1929, ch. 113, sec. 1, p. 182; I.C.A., sec. 44-1104; am. 1937, ch. 21, sec. 1, p. 32; am. 1967, ch. 272, sec. 21, p. 745; am. 2010, ch. 79, sec. 16, p. 145.]
Idaho Code § 45-615 — Idaho Code / Title 45 / Chapter 6 / Section 45-615
45-615 COLLECTION OF WAGE CLAIMS BY SUIT — ATTORNEY'S FEES AND COSTS.
Status: in_force

45-615. Collection of wage claims by suit — Attorney's fees and costs. (1) As an alternative to filing a wage claim with the department, any person may assert a wage claim arising under this chapter in any court of competent jurisdiction or pursue any other remedy provided by law.

(2) Any judgment rendered by a court of competent jurisdiction for the plaintiff in a suit filed pursuant to this section may include all costs and attorney's fees reasonably incurred in connection with the proceedings and the plaintiff shall be entitled to recover from the defendant either the unpaid wages plus the penalties provided for in section 45-607, Idaho Code; or damages in the amount of three (3) times the unpaid wages found due and owing, whichever is greater.

History:

[45-615, added 1999, ch. 51, sec. 17, p. 122.]
Idaho Code § 45-1505 — Idaho Code / Title 45 / Chapter 15 / Section 45-1505
45-1505 FORECLOSURE OF TRUST DEED, WHEN.
Status: in_force

45-1505. Foreclosure of trust deed, when. The trustee may foreclose a trust deed by advertisement and sale under this act if:

(1) The trust deed, any assignments of the trust deed by the trustee or the beneficiary and any appointment of a successor trustee are recorded in mortgage records in the counties in which the property described in the deed is situated; and

(2) There is a default by the grantor or other person owing an obligation the performance of which is secured by the trust deed or by their successors in interest with respect to any provision in the deed which authorizes sale in the event of default of such provision; and

(3) The trustee or beneficiary shall have (a) filed for record in the office of the recorder in each county wherein the trust property, or some part or parcel, is situated, a notice of default identifying the deed of trust by stating the name or names of the trustor or trustors and giving the book and page where the same is recorded, or a description of the trust property, and containing a statement that a breach of the obligation for which the transfer in trust is security has occurred, and setting forth the nature of such breach and his election to sell or cause to be sold such property to satisfy such obligation; and (b) mailed a copy of such notice by registered or certified mail, return receipt requested, to any person requesting such notice of record as provided in section 45-1511, Idaho Code. Service by mail in accordance with this subsection (3) shall be deemed effective at the time of mailing. In addition, the trustee shall mail the notice required in this section to any individual who owns an interest in property which is the subject of this section. Such notice shall be accompanied by and affixed to the following notice in twelve (12) point boldface type, on a separate sheet of paper, no smaller than eight and one-half (8 1/2) inches by eleven (11) inches:

"NOTICE REQUIRED BY IDAHO LAW

Mortgage foreclosure is a legal proceeding where a lender terminates a borrower's interest in property to satisfy unpaid debt secured by the property. This can mean that when a homeowner gets behind on his or her mortgage payments, the lender forces a sale of the home on which the mortgage loan is based. Some individuals or businesses may say they can "save" your home from foreclosure. You should be cautious about such claims. It is important that you understand all the terms of a plan to "rescue" you from mortgage foreclosure and how it will affect you. It may result in your losing valuable equity that you may have in your home. If possible, you should consult with an attorney or financial professional to find out what other options you may have. Do not delay seeking advice, because the longer you wait, the fewer options you may have. Under Idaho law, you have five (5) days to rescind or undo certain contracts or agreements that relate to transferring interests in property or money in a foreclosure situation. An attorney or financial professional can tell you more about this option.".

If the trust deed, or any assignments of the trust deed, are in the Spanish language, the written notice set forth in this section shall be in the Spanish language on a form to be prepared and made available by the office of the attorney general.

(4) No action, suit or proceeding has been instituted to recover the debt then remaining secured by the trust deed, or any part thereof, or if such action or proceeding has been instituted, the action or proceeding has been dismissed.

History:

[45-1505, added 1957, ch. 181, sec. 5, p. 345; am. 1990, ch. 401, sec. 1, p. 1123; am. 2008, ch. 192, sec. 2, p. 603; am. 2009, ch. 136, sec. 1, p. 417.]
Idaho Code § 45-114 — Idaho Code / Title 45 / Chapter 1 / Section 45-114
45-114 RIGHTS OF JUNIOR LIENOR.
Status: in_force

45-114. Rights of junior lienor. One who has a lien inferior to another, upon the same property, has a right:

1. To redeem the property in the same manner as its owner might, from the superior lien; and,

2. To be subrogated to all the benefits of the superior lien, when necessary for the protection of his interests upon satisfying the claim secured thereby.

History:

[(45-114) R.S., sec. 3338; reen. R.C. & C.L., sec. 3386; C.S., sec. 6353; I.C.A., sec. 44-114.]
Idaho Code § 45-108 — Idaho Code / Title 45 / Chapter 1 / Section 45-108
45-108 LIEN FOR PERFORMANCE OF FUTURE OBLIGATIONS — VALIDITY — PRIORITY.
Status: in_force

45-108. Lien for performance of future obligations — Validity — Priority. (1) A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence, which lien, if not invalid on other grounds, shall be valid as against all persons.

(2) The validity of such contracts and liens as security for any obligation is not affected as against any person by the fact that the contract does not specify, describe or limit the obligations to be secured as to purpose, nature, time, or amount of the obligations to be secured.

(3) All such liens, if otherwise valid, are valid against and prior and superior to all rights, liens and claims acquired by other persons in the property subject thereto after the contract creating such liens was made, except in cases where the person in whose favor the obligation secured by such lien was created had actual notice of the existence of such subsequent right, lien or claim at the time such obligation was created, and are prior and superior to such subsequent rights, liens or claims irrespective of such or any notice in the following cases:

(a) Where the person, in whose favor the obligation secured thereby was created, was legally bound to make the advance or give the consideration resulting in such obligation.

(b) Where the consideration for such obligation was necessarily and actually applied to the maintenance and/or preservation of the property subject to the lien.

(4) Making the advance or giving the consideration to result in an obligation not in existence at the time such a contract creating a lien to secure the same is made, is optional with the person making the advance or giving the consideration unless he is bound by an express contract to the contrary which shall not be implied from the fact that the contract to secure such obligation was made.

(5) Obligations otherwise within the limits and description of those specified in any contract creating a lien to secure the performance of obligations not then in existence, but created in favor of any person to whom the original party to be secured by the lien created by such contract has transferred such contract, and obligations secured by deeds of trust, shall also be secured thereby in like manner as similar obligations between the original parties thereto.

(6) Contracts of mortgage of real property and those secured by deeds of trust are subject to all the provisions of this section as amended.

History:

[(45-108) R.S., sec. 3332; reen. R.C. & C.L., sec. 3380; C.S., sec. 6347; am. 1929, ch. 255, sec. 1, p. 520; I.C.A., sec. 44-108; am. 1955, ch. 145, sec. 1, p. 286; am. 1967, ch. 272, sec. 10, p. 745; am. 2024, ch. 151, sec. 1, p. 598.]
Idaho Code § 45-310 — Idaho Code / Title 45 / Chapter 3 / Section 45-310
45-310 DURATION OF LIEN.
Status: in_force

45-310. Duration of lien. (1) A notice of claim of lien for farm labor remains in effect for twelve (12) months from the date of filing. The notice of claim of lien may be extended for six (6) months by filing a notice of extension of claim of lien. The notice of extension shall contain such information as the form prescribed by the secretary of state shall require, and shall be filed within sixty (60) days prior to the lapse of the original twelve (12) month period.

(2) A notice of claim of lien for seed remains in effect for sixteen (16) months from the date of filing. If a crop subject to a lien for seed is not harvested within ten (10) months after the date of filing, the notice of claim of lien may be extended for six (6) months by filing a notice of extension of claim of lien. The notice of extension shall contain such information as the form prescribed by the secretary of state shall require, and shall be filed within sixty (60) days prior to the lapse of the original sixteen (16) month period.

(3) Civil action to enforce a lien on crops shall be commenced within the periods set forth in subsections (1) and (2) of this section.

History:

[45-310, added 1989, ch. 359, sec. 2, p. 902; am. 2000, ch. 338, sec. 2, p. 1132.]
Idaho Code § 45-316 — Idaho Code / Title 45 / Chapter 3 / Section 45-316
45-316 ADMINISTRATIVE RULEMAKING.
Status: in_force

45-316. Administrative rulemaking. The secretary of state shall promulgate such administrative rules as are necessary to implement the provisions of this chapter and to set fees for all services provided for in this chapter.

History:

[45-316, added 1989, ch. 359, sec. 2, p. 904.]
Idaho Code § 45-605 — Idaho Code / Title 45 / Chapter 6 / Section 45-605
45-605 DEBTOR OR CREDITOR MAY DISPUTE CLAIM.
Status: in_force

45-605. Debtor or creditor may dispute claim. The debtor or creditor intending to dispute a claim presented under the provisions of section 45-604, Idaho Code, shall, within ten (10) days after receiving notice of such claim, serve upon the claimant and the officer executing the writ, a statement in writing, verified by the oath of the debtor, or his agent or attorney, or the oath of the person disputing such claim, or his agent or attorney, setting forth that no part of said claim, or not exceeding a sum specified, is justly due from the debtor to the claimant for services rendered within the sixty (60) days preceding the levy of the writ. If the claimant brings suit on a claim which is disputed in part only, and fails to recover a sum exceeding that which was admitted to be due, the claimant shall not recover costs, but costs shall be adjudged against the claimant.

History:

[(45-605) 1893, p. 49, ch. 4, sec. 4; reen. 1899, p. 147, ch. 4, sec. 4; reen. R.C. & C.L., sec. 5148; C.S., sec. 7379; I.C.A., sec. 44-604; redesignated 45-605, 1989, ch. 280, sec. 5, p. 679; am. 1999, ch. 51, sec. 6, p. 118.]
Idaho Code § 45-307 — Idaho Code / Title 45 / Chapter 3 / Section 45-307
45-307 ATTACHMENT OF LIEN.
Status: in_force

45-307. Attachment of lien. (1) A lien in a crop attaches when a claimant files a notice of claim of lien with the secretary of state.

(2) A lien attaches to the crop subject to the lien, to any right or claim arising from any loss or damage to the crop, and to any payment to the producer for the crop from any purchaser thereof.

History:

[45-307, added 1989, ch. 359, sec. 2, p. 902; am. 1991, ch. 217, sec. 1, p. 521.]
Idaho Code § 45-903 — Idaho Code / Title 45 / Chapter 9 / Section 45-903
45-903 LIEN OF MORTGAGE IS SPECIAL.
Status: in_force

45-903. Lien of mortgage is special. The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.

History:

[(45-903) R.S., sec. 3352; reen. R.C. & C.L., sec. 3390; C.S., sec. 6357; I.C.A., sec. 44-803.]
Idaho Code § 45-911 — Idaho Code / Title 45 / Chapter 9 / Section 45-911
45-911 ASSIGNMENT OF DEBT CARRIES SECURITY.
Status: in_force

45-911. Assignment of debt carries security. The assignment of a debt secured by mortgage carries with it the security.

History:

[(45-911) R.S., sec. 3360; reen. R.C. & C.L., sec. 3398; C.S., sec. 6365; I.C.A., sec. 44-811.]
Idaho Code § 45-104 — Idaho Code / Title 45 / Chapter 1 / Section 45-104
45-104 SPECIAL LIEN DEFINED.
Status: in_force

45-104. Special lien defined. A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto.

History:

[(45-104) R.S., sec. 3328; reen. R.C. & C.L., sec. 3376; C.S., sec. 6343; I.C.A., sec. 44-104.]
Idaho Code § 45-317 — Idaho Code / Title 45 / Chapter 3 / Section 45-317
45-317 EFFECTIVE DATE AND TRANSITION.
Status: in_force

45-317. Effective date and transition. (1) This chapter shall be effective as to all notices of claim of lien in crops filed on or after January 1, 1990.

(2) Notices of claim of farm laborer's lien, and notices of claim of seed lien recorded in the appropriate county recorders' offices under the prior law shall remain effective until the date they would normally expire under the prior law.

History:

[45-317, added 1989, ch. 359, sec. 2, p. 904.]
Idaho Code § 45-1504 — Idaho Code / Title 45 / Chapter 15 / Section 45-1504
45-1504 TRUSTEE OF TRUST DEED — WHO MAY SERVE — SUCCESSORS.
Status: in_force

45-1504. Trustee of trust deed — Who may serve — Successors. (1) The trustee of a trust deed under this act shall be:

(a) Any member of the Idaho state bar;

(b) Any bank or savings and loan association authorized to do business under the laws of Idaho or the United States;

(c) An authorized trust institution having a charter under chapter 32, title 26, Idaho Code, or any corporation authorized to conduct a trust business under the laws of the United States; or

(d) A licensed title insurance agent or title insurance company authorized to transact business under the laws of the state of Idaho.

(2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee.

History:

[45-1504, added 1957, ch. 181, sec. 4, p. 345; am. 1969, ch. 155, sec. 1, p. 482; am. 1983, ch. 190, sec. 2, p. 515; am. 2005, ch. 236, sec. 3, p. 726.]
Idaho Code § 45-514 — Idaho Code / Title 45 / Chapter 5 / Section 45-514
45-514 EXEMPTION OF MATERIALS FROM EXECUTION.
Status: in_force

45-514. Exemption of materials from execution. Whenever materials shall have been furnished for use in the construction, alteration or repair of any buildings, or other improvement, such materials shall not be subject to attachment, execution or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as, in good faith, the same are being applied to the construction, alteration or repair of such building, mining claim or other improvement.

History:

[(45-514) 1893, p. 49, ch. 1, sec. 13; reen. 1899, p. 147, ch. 1, sec. 13; reen. R.C. & C.L., sec. 5122; C.S., sec. 7353; I.C.A., sec. 44-514.]
Idaho Code § 45-806 — Idaho Code / Title 45 / Chapter 8 / Section 45-806
45-806 LIEN FOR MAKING, ALTERING, OR REPAIRING PERSONAL PROPERTY.
Status: in_force

45-806. Lien for making, altering, or repairing personal property. Any person, firm or corporation, who makes, alters or repairs any article of personal property, at the request of the owner or person in legal possession thereof, has a lien, which said lien shall be superior and prior to any security interest in the same for his reasonable charges for work done and materials furnished, and may retain possession of the same until the charges are paid. If not paid within two (2) months after the work is done, the person, firm or corporation may proceed to sell the property at public auction, by giving ten (10) days' public notice of the sale by advertising in some newspaper published in the county in which the work was done; or, if there be no newspaper published in the county, then by posting up notices of the sale in three (3) public places in the town where the work was done, for ten (10) days previous to the sale. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property; the remainder, if any, must be paid over to the owner thereof. Provided that the said person, firm or corporation who is about to make, alter or repair the said property, in order to derive the benefits of this section, must, before commencing said making, altering or repairing, give notice of the intention to so make, alter or repair said property, by registered mail, to any holder of a security interest which is of record in the county where said property is located, or in the office of the secretary of state, and, if a motor vehicle, to any holder of a security interest which may appear on the certificate of title of said vehicle, at least three (3) days before commencing said making, altering or repairing and if notice in writing within said three (3) days be not given by such holder of a security interest notifying said firm or corporation not to perform said services then the said making, altering or repairing may proceed and the prior lien provided for herein attaches to said property.

History:

[(45-806) R.S., sec. 3446; reen. R.C. & C.L., sec. 3447; C.S., sec. 6413; I.C.A., sec. 44-706; am. 1935, ch. 87, sec. 1, p. 152; am. 1967, ch. 272, sec. 12, p. 745; am. 1995, ch. 157, sec. 1, p. 635.]
Idaho Code § 45-315 — Idaho Code / Title 45 / Chapter 3 / Section 45-315
45-315 DUTY OF BUYER.
Status: in_force

45-315. Duty of buyer. A buyer who does not take free of a lien under section 45-314, Idaho Code, is obligated to secure permission of the claimant to pay the producer in full or to insure payment of the claimant from the purchase price.

History:

[45-315, added 1989, ch. 359, sec. 2, p. 903.]
Idaho Code § 45-410 — Idaho Code / Title 45 / Chapter 4 / Section 45-410
45-410 DURATION OF LIEN.
Status: in_force

45-410. Duration of lien. No lien provided for in this chapter binds any saw logs, spars, piles, cord wood or other timber, or any lumber, for a longer period than six (6) calendar months after the claim as herein provided has been filed, unless a civil action be commenced in a proper court within that time to enforce the same.

History:

[(45-410) 1893, p. 49, ch. 2, sec. 10; reen. 1899, p. 147, ch. 2, sec. 10; reen. R.C. & C.L., sec. 5134; C.S., sec. 7365; I.C.A., sec. 44-410.]
Idaho Code § 45-1803 — Idaho Code / Title 45 / Chapter 18 / Section 45-1803
45-1803 WHEN LIEN ATTACHES.
Status: in_force

45-1803. When lien attaches. The lien created by section 45-1802, Idaho Code, attaches to the agricultural product and to the proceeds of the subsequent sale of the agricultural product on the date the agricultural product is physically delivered to the purchaser or on the date any final payment is due, and unpaid, to the agricultural commodity producer or agricultural commodity dealer under any contract or bailment, whichever occurs last.

History:

[45-1803, added 1983, ch. 202, sec. 1, p. 550; am. 2002, ch. 308, sec. 2, p. 879.]
Idaho Code § 45-1605 — Idaho Code / Title 45 / Chapter 16 / Section 45-1605
45-1605 PENALTIES.
Status: in_force

45-1605. Penalties. In addition to any other penalty provided by law, any person who violates the provisions of this chapter shall be liable for penalties and damages in accordance with chapter 6, title 48, Idaho Code.

History:

[45-1605, added 2008, ch. 192, sec. 1, p. 603.]
Idaho Code § 45-109 — Idaho Code / Title 45 / Chapter 1 / Section 45-109
45-109 LIEN TRANSFERS NO TITLE.
Status: in_force

45-109. Lien transfers no title. Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien.

History:

[(45-109) R.S., sec. 3333; reen. R.C. & C.L., sec. 3381; C.S., sec. 6348; I.C.A., sec. 44-109.]
Idaho Code § 45-313 — Idaho Code / Title 45 / Chapter 3 / Section 45-313
45-313 LIEN SEARCH.
Status: in_force

45-313. Lien search. (1) Upon request the secretary of state shall issue a certificate listing all liens in crops of a particular producer for which notices of claim are on file in his office. The requesting party may additionally request copies of all relevant notices of claim of lien.

(2) Upon the request of any person, the secretary of state shall provide, within twenty-four (24) hours (excluding weekends and holidays), a verbal listing of liens in crops as described in subsection (1) of this section, followed by the certificate.

(3) The secretary of state shall, by administrative rule, prescribe the standards and forms for the lien searches described in this section.

History:

[45-313, added 1989, ch. 359, sec. 2, p. 903.]
Idaho Code § 45-105 — Idaho Code / Title 45 / Chapter 1 / Section 45-105
45-105 SATISFACTION OF PRIOR LIEN.
Status: in_force

45-105. Satisfaction of prior lien. Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists.

History:

[(45-105) R.S., sec. 3329; reen. R.C. & C.L., sec. 3377; C.S., sec. 6344; I.C.A., sec. 44-105.]
Idaho Code § 45-511 — Idaho Code / Title 45 / Chapter 5 / Section 45-511
45-511 RECOVERY BY CONTRACTOR — DEDUCTION OF DEBTS TO SUBCONTRACTORS.
Status: in_force

45-511. Recovery by contractor — Deduction of debts to subcontractors. The original or subcontractor shall be entitled to recover, upon the claim filed by him, only such amount as may be due to him according to the terms of his contract, and, if applicable, such other amounts as may be found due to the lien claimant by the court pursuant to section 45-522, Idaho Code, after deducting all claims of other parties for work done and materials furnished to him as aforesaid, of which claim of lien shall have been filed as required by this chapter, and in all cases where a claim shall be filed under this chapter for work done or materials furnished to any subcontractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action, the person indebted to the contractor may withhold from such contractor the amount of money for which claim is filed; and in case of judgment upon the lien, the person indebted in the contract shall be entitled to deduct from any amount due or to become due by him to such contractor, the amount of such judgment and costs; and if the amount of such judgment and costs shall exceed the amount due from him to such contractor, if the person indebted in the contract shall have settled with such contractor in full, he shall be entitled to recover back from such contractor any amount so paid by him in excess of the contract price, and for which such contractor was originally the party liable.

History:

[(45-511) 1893, p. 49, ch. 1, sec. 10; reen. 1899, p. 147, ch. 1, sec. 10; reen. R.C. & C.L., sec. 5119; C.S., sec. 7350; I.C.A., sec. 44-511; am. 1993, ch. 378, sec. 2, p. 1387.]
Idaho Code § 45-110 — Idaho Code / Title 45 / Chapter 1 / Section 45-110
45-110 CONTRACTS FOR FORFEITURE VOID.
Status: in_force

45-110. Contracts for forfeiture void. All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void.

History:

[(45-110) R.S., sec. 3334; reen. R.C. & C.L., sec. 3382; C.S., sec. 6349; I.C.A., sec. 44-110.]
Idaho Code § 45-1601 — Idaho Code / Title 45 / Chapter 16 / Section 45-1601
45-1601 LEGISLATIVE FINDINGS.
Status: in_force

45-1601. Legislative findings. The legislature finds that some persons and businesses are engaging in patterns of conduct that defraud innocent homeowners of their title, equity interest, or other value in residential dwellings under the guise of stopping or postponing a foreclosure sale. The legislature also finds this activity to be contrary to the public policy of this state and therefore establishes notice requirements governing contracts or agreements entered into during the foreclosure period. The legislature further finds that the provisions of this chapter shall be construed in such a manner that it does not inhibit transactions with legitimate lenders and investors.

History:

[45-1601, added 2008, ch. 192, sec. 1, p. 601.]
Idaho Code § 45-1101 — Idaho Code / Title 45 / Chapter 11 / Section 45-1101
45-1101 AIRCRAFT IMPROVEMENT LIEN — SPECIAL LIEN DEPENDENT UPON POSSESSION.
Status: in_force

45-1101. Aircraft improvement lien — Special lien dependent upon possession. (1) Any person, firm, or corporation who expends labor, skill, or materials upon an aircraft, aircraft engines, propellers, appliances, spare parts, or related equipment, at the request of its owner, reputed owner, authorized agent of the owner, or lawful possessor of the aircraft, has a special lien, dependent upon possession, on the aircraft for the just and reasonable charges for the labor performed and material furnished up to the amount of the written estimate or subsequent oral or written modifications thereto.

(2) Provided however, a person, firm, or corporation expending labor, skill or materials pursuant to the provisions of subsection (1) of this section shall not have a special lien on the aircraft unless the person, firm, or corporation delivers a written estimate regarding the nature and cost of repair work to the owner, reputed owner, authorized agent of the owner or lawful possessor of the aircraft prior to expending labor, skill or materials on the aircraft.

(3) If not paid within two (2) months after the work is done, the person, firm or corporation may proceed to sell the property at public auction after first providing written notice of the impending sale to the owner, reputed owner, authorized agent of the owner, or lawful possessor of the aircraft, as well as any known secured parties or lienholders, by United States mail, certified, return receipt requested, or equivalent private courier service that provides evidence of date of delivery of mail. The person, firm or corporation shall give ten (10) days' public notice of the sale by advertising in some newspaper published in the county in which the work was done; or, if there be no newspaper published in the county, then by posting notices of the sale in three (3) public places in the town where the work was done, for ten (10) days previous to the sale. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property; the remainder, if any, must be paid over to the other secured parties or lienholders, if any, and the owner. Provided however, that the person, firm or corporation who is about to make, alter or repair the aircraft or related equipment, in order to derive the benefits of this section, must, before commencing such making, altering or repairing, give notice of the intention to so make, alter or repair the aircraft or related equipment, by registered mail, to any holder of a security interest which is of record at the FAA, at least three (3) days before commencing the making, altering or repairing, and if notice in writing within the three (3) days is not given by the holder of a security interest notifying such person, firm or corporation not to perform such services, then the making, altering or repairing may proceed and the prior lien provided for herein attaches to the aircraft or related equipment.

History:

[45-1101, added 2002, ch. 371, sec. 1, p. 1042.]
Idaho Code § 45-1510 — Idaho Code / Title 45 / Chapter 15 / Section 45-1510
45-1510 TRUSTEE'S DEED — RECORDING — EFFECT.
Status: in_force

45-1510. Trustee's deed — Recording — Effect. (1) When the trustee's deed is recorded in the deed records of the county where the property described in the deed is located, the recitals contained in the deed and in the affidavits required under section 45-1506(7), Idaho Code, shall be prima facie evidence in any court of the truth of the recitals and the affidavits. However, the recitals and affidavits are conclusive in favor of a purchaser in good faith for value or any successor in interest thereof. For purposes of this section, the trustee's deed shall be deemed effective as of the date and time on which the sale was held if such deed is recorded within fifteen (15) days after the date of sale or the first business day following the fifteenth day if the county recorder of the county in which the property is located is closed on the fifteenth day.

(2) Where a trustee's sale held pursuant to section 45-1506, Idaho Code, is invalid by reason of automatic stay provisions of the U.S. bankruptcy code, or a stay order issued by any court of competent jurisdiction or otherwise, recordation of a notice of rescission of the trustee's deed shall restore the condition of record title to the real property described in the trustee's deed and the existence and priority of all lienholders to the status quo prior to the trustee's sale. Only the trustee or beneficiary who caused the trustee's deed to be recorded, or his/its successor in interest, may record a notice of rescission. The notice of rescission shall accurately identify the deed of trust, the recording instrument numbers used by the county recorder or the book and pages at which the trustee's deed and deed of trust are recorded, the names of all grantors, trustors and beneficiaries, the location of the property subject to the deed of trust and the reason for rescission. Such notice of rescission shall be in substantially the following form:

NOTICE OF RESCISSION OF TRUSTEE'S DEED UPON SALE

This Notice of Rescission is made this day…. with respect to the following:

1. THAT…. is the duly appointed Trustee under the certain Deed of Trust dated…. and recorded…. as instrument number…. in book…., page…., wherein…. and…. are named as Trustors,…. is named as Trustee,…. is named as Beneficiary;

2. THAT…. is the Beneficiary of record under said Deed of Trust;

3. THAT THE DEED OF TRUST encumbers real property located in the County of…., State of Idaho, described as follows:

Property Description

4. THAT BY VIRTUE OF a default under the terms of the Deed of Trust, the Beneficiary did declare a default, as set forth in a Notice of Default recorded…. as instrument number…. in book…., page…., in the office of the Recorder of…. County, State of Idaho;

5. THAT THE TRUSTEE has been informed by the Beneficiary that the Beneficiary desires to rescind the Trustee's Deed recorded upon the foreclosure sale that was conducted in error due to a failure to communicate timely, notice of conditions that would have warranted a cancellation of the foreclosure that did occur on….;

6. THAT THE EXPRESS PURPOSE of this Notice of Rescission is to return the priority and existence of all title and lienholders to the status quo ante as existed prior to the Trustee's sale.

NOW THEREFORE, THE UNDERSIGNED HEREBY RESCINDS THE TRUSTEE'S SALE AND PURPORTED TRUSTEE'S DEED UPON SALE AND HEREBY ADVISES ALL PERSONS THAT THE TRUSTEE'S DEED UPON SALE DATED…. AND RECORDED…. AS…. INSTRUMENT NUMBER…. IN THE COUNTY OF…., STATE OF IDAHO, FROM…. (TRUSTEE) TO…. (GRANTEE) IS HEREBY RESCINDED, AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER. THE DEED OF TRUST DATED…., RECORDED…. AS INSTRUMENT NUMBER…. IN BOOK…., PAGE…., IS IN FULL FORCE AND EFFECT.

History:

[45-1510, added 1957, ch. 181, sec. 10, p. 345; am. 1990, ch. 401, sec. 4, p. 1126; am. 2010, ch. 249, sec. 1, p. 639; am. 2013, ch. 174, sec. 1, p. 403.]
Idaho Code § 45-614 — Idaho Code / Title 45 / Chapter 6 / Section 45-614
45-614 COLLECTION OF WAGES — LIMITATIONS.
Status: in_force

45-614. Collection of wages — Limitations. Any person shall have the right to collect wages, penalties and liquidated damages provided by any law or pursuant to a contract of employment, but any action thereon shall be filed either with the department or commenced in a court of competent jurisdiction within two (2) years after the cause of action accrued, provided, however, that in the event salary or wages have been paid to any employee and such employee claims additional salary, wages, penalties or liquidated damages, because of work done or services performed during his employment for the pay period covered by said payment, any action therefor shall be commenced within twelve (12) months from the accrual of the cause of action. It is further provided that if any such cause of action has accrued prior to the effective date of this act, and is not barred by existing law, action thereon may be commenced within six (6) months from the effective date of this act. In the event an action is not commenced as herein provided, any remedy on the cause of action shall be forever barred.

History:

[(45-614) I.C.A., sec. 44-608, added 1947, ch. 36, sec. 1, p. 36; am. and redesig. 45-614, 1989, ch. 280, sec. 15, p. 682; am. 1999, ch. 51, sec. 15, p. 121; am. 2019, ch. 93, sec. 1, p. 338.]
Idaho Code § 45-304 — Idaho Code / Title 45 / Chapter 3 / Section 45-304
45-304 SEED LIEN.
Status: in_force

45-304. Seed lien. (1) Any person who furnishes seed to a producer to be sown or planted on lands owned, rented or otherwise lawfully occupied by the producer, shall have a lien in the crop or crops produced from the seed for the purchase price of the seed.

(2) The seed lien shall have priority over any security interest in the same crop, but shall be subordinate to a farm laborer's lien in the same crop.

(3) A landlord's interest in a crop produced on premises which are leased in consideration of a share of the crop is not subject to a seed lien.

History:

[45-304, added 1989, ch. 359, sec. 2, p. 901.]
Idaho Code § 45-701 — Idaho Code / Title 45 / Chapter 7 / Section 45-701
45-701 RIGHT TO LIEN CONFERRED.
Status: in_force

45-701. Right to lien conferred. Every individual, partnership, firm, association, corporation, institution or any governmental unit or combination or parts thereof maintaining and operating a hospital in this state shall be entitled to a lien for the reasonable charges for hospital care, treatment and maintenance of an injured person upon any and all causes of action, suits, claims, counterclaims, or demands accruing to the person to whom such care, treatment, or maintenance was furnished, or to the legal representatives of such person, on account of injuries giving rise to such causes of action and which necessitated such hospital care, treatment and maintenance.

History:

[45-701, added 1941, ch. 118, sec. 1, p. 238.]
Idaho Code § 45-521 — Idaho Code / Title 45 / Chapter 5 / Section 45-521
45-521 RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — HEARING ON PETITION — CONTENTS AND EFFECT OF ORDER RELEASING LIEN.
Status: in_force

45-521. Release of lien on real property by posting surety bond — Hearing on petition — Contents and effect of order releasing lien. (1) Upon the hearing, the court shall enter its order releasing the mechanic's lien upon the petitioner's filing in open court the original bond, and introducing into evidence a receipt for payment of the premium.

(2) The entry of the order by the court must refer to the property which is the subject of the lien and the lien itself, by instrument number, and must recite that the lien is released of record to the same extent as if released of record by the lienor.

(3) Upon entry of the order, the lien is released of record and the real property, the subject of the lien, is released from the encumbrances of the lien.

(4) There is no appeal from the entry of an order pursuant to the provisions of this section and upon entry the order is final for all purposes.

History:

[45-521, added 1993, ch. 378, sec. 6, p. 1390; am. 2024, ch. 150, sec. 1, p. 597.]
Idaho Code § 45-512 — Idaho Code / Title 45 / Chapter 5 / Section 45-512
45-512 JUDGMENT TO DECLARE PRIORITY.
Status: in_force

45-512. Judgment to declare priority. In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien or class of liens which shall be in the following order:

1. All laborers, other than contractors or subcontractors.

2. All materialmen including persons furnishing, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, other than contractors or subcontractors.

3. Subcontractors.

4. The original contractor.

5. All professional engineers and licensed surveyors.

And in case the proceeds of sale under this chapter shall be insufficient to pay all lienholders under it:

1. The liens of all laborers, other than the original contractor and subcontractor, shall first be paid in full, or pro rata if the proceeds be insufficient to pay them in full.

2. The lien of materialmen including persons furnishing, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, other than the original contractor or subcontractor, shall be paid in full, or pro rata if the proceeds be insufficient to pay them in full.

3. Out of the remainder, if any, the subcontractors shall be paid in full, or pro rata if the remainder be insufficient to pay them in full, and the remainder, if any, shall be paid pro rata to the original contractor and the professional engineers and licensed surveyors; and each claimant shall be entitled to execution for any balance due him after such distribution; such execution to be issued by the clerk of the court upon demand, at the return of the sheriff or other officer making the sale, showing such balance due.

History:

[(45-512) 1893, p. 49, ch. 1, sec. 11; reen. 1899, p. 147, ch. 1, sec. 11; reen. R.C. & C.L., sec. 5120; C.S., sec. 7351; I.C.A., sec. 44-512; am. 1971, ch. 91, sec. 6, p. 196; am. 2001, ch. 152, sec. 6, p. 552.]
Idaho Code § 45-515 — Idaho Code / Title 45 / Chapter 5 / Section 45-515
45-515 ACTION TO RECOVER DEBT.
Status: in_force

45-515. Action to recover debt. Nothing contained in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work done, equipment, materials or fixtures rented or leased or materials furnished, to maintain a personal action to recover such debt against the person liable therefor.

History:

[(45-515) 1893, p. 49, ch. 1, sec. 14; reen. 1899, p. 147, ch. 1, sec. 14; reen. R.C. & C.L., sec. 5123; C.S., sec. 7354; I.C.A., sec. 44-515; am. 2001, ch. 152, sec. 7, p. 553.]
Idaho Code § 45-111 — Idaho Code / Title 45 / Chapter 1 / Section 45-111
45-111 PERSONAL OBLIGATION NOT IMPLIED.
Status: in_force

45-111. Personal obligation not implied. The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a security.

History:

[(45-111) R.S., sec. 3335; reen. R.C. & C.L., sec. 3383; C.S., sec. 6350; I.C.A., sec. 44-111.]
Idaho Code § 45-302 — Idaho Code / Title 45 / Chapter 3 / Section 45-302
45-302 DEFINITIONS.
Status: in_force

45-302. Definitions. For the purposes of this chapter:

(1) "Buyer" means a person who purchases, on his own behalf or as an agent for others, a crop from a producer.

(2) "Claimant" means a provider of seed or farm labor who files a notice of claim of lien in a crop.

(3) "Crop year" means the calendar year in which a crop would normally be harvested.

(4) "Crops" means products of the soil. As it relates to liens for seed, the term "crops" shall be limited to annual crops. As it relates to liens for farm labor, it shall include annual crops as well as fruits, berries, grapes and nursery products.

(5) "Person" means an individual, partnership, corporation, or association.

(6) "Producer" means a farm operator to whom a claimant has provided seed or farm labor.

(7) "Written notice" means information communicated to a person in writing by an authorized person or entity and may include electronic, facsimile, computer or equivalent media.

History:

[45-302, added 1989, ch. 359, sec. 2, p. 901; am. 1996, ch. 262, sec. 1, p. 863.]
Idaho Code § 45-602 — Idaho Code / Title 45 / Chapter 6 / Section 45-602
45-602 WAGES OF EMPLOYEES PREFERRED.
Status: in_force

45-602. Wages of employees preferred. In all assignments of property made by any person to trustees or assignees, or in proceedings in insolvency, an employee's wages for services rendered within sixty (60) days preceding such assignment, not exceeding five hundred dollars ($500), is a preferred claim, and must be paid by such trustees or assignees before any creditor or creditors of the assignor or insolvent debtor; provided, that whenever any such employee has filed a notice of lien against any property of the assignor, the employee may elect between the provisions of this section and the employee's lien.

History:

[(45-602) 1893, p. 49, ch. 4, sec. 1; reen. 1899, p. 147, ch. 4, sec. 1; reen. R.C. & C.L., sec. 5145; C.S., sec. 7376; I.C.A., sec. 44-601; am. and redesignated 45-602, 1989, ch. 280, sec. 2, p. 678; am. 1999, ch. 51, sec. 3, p. 116.]
Idaho Code § 45-1810 — Idaho Code / Title 45 / Chapter 18 / Section 45-1810
45-1810 TRANSITION FROM COUNTY FILING TO FILING WITH THE SECRETARY OF STATE.
Status: in_force

45-1810. Transition from county filing to filing with the secretary of state. All liens created by this chapter on and after July 1, 2000, shall be filed with the secretary of state. All rights and duties obtained by secured parties pursuant to this chapter before July 1, 2000, shall remain in effect; provided, that liens created by this chapter before July 1, 2000, that are properly filed in the office of the county recorder before that date shall remain in effect and may be extended or renewed in the county beyond July 1, 2000.

History:

[45-1810, added 2000, ch. 339, sec. 5, p. 1134.]
Idaho Code § 45-705 — Idaho Code / Title 45 / Chapter 7 / Section 45-705
45-705 WORKMEN'S COMPENSATION CASES EXCEPTED FROM ACT.
Status: in_force

45-705. Workmen's compensation cases excepted from act. The provisions of this act shall not be applicable to accidents or injuries within the purview of the Workmen's Compensation Law of this state.

History:

[45-705, added 1941, ch. 118, sec. 5, p. 238.]
Idaho Code § 45-519 — Idaho Code / Title 45 / Chapter 5 / Section 45-519
45-519 RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — FORM OF BOND.
Status: in_force

45-519. Release of lien on real property by posting surety bond — Form of bond. The debtor of the lien claimant or a party in interest in the premises subject to the lien must obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in this state, as surety, in substantially the following form:

(Title of court and cause, if action has been commenced)

WHEREAS, ……………….. (name of owner, contractor, or other person disputing the lien) desires to give a bond for releasing the following described real property from that certain claim of mechanic's lien in the sum of $ ……….., recorded ……………, …., in the office of the recorder in ………………….. (name of county where the real property is situated):

(legal description)

NOW, THEREFORE, the undersigned principal and surety do hereby obligate themselves to ……………………., (name of claimant) the claimant named in the mechanic's lien, under the conditions prescribed by sections 45-518 through 45-524, Idaho Code, inclusive, in the sum of $ ……. (1-1/2 x claim), from which sum they will pay the claimant such amount as a court of competent jurisdiction may adjudge to have been secured by his lien, with interest, costs and attorney's fees.

IN WITNESS WHEREOF, the principal and surety have executed this bond at ………………., Idaho, on the ……… day of …………, …..

………………………

(Signature of Principal)

(SURETY CORPORATION)

BY …………………….

(Its Attorney in Fact)

State of Idaho )

) ss.

County of …….. )

On ……………, …., before me, the undersigned, a notary public of this county and state, personally appeared ………………….. who acknowledged that he executed the foregoing instrument as principal for the purposes therein mentioned and also personally appeared ………………….. known (or satisfactorily proved) to me to be the attorney in fact of the corporation that executed the foregoing instrument and known to me to be the person who executed that instrument on behalf of the corporation therein named, and he acknowledged to me that that corporation executed the foregoing instrument.

History:

[45-519, added 1993, ch. 378, sec. 4, p. 1388; am. 2002, ch. 32, sec. 18, p. 56.]
Idaho Code § 45-906 — Idaho Code / Title 45 / Chapter 9 / Section 45-906
45-906 EXTENT OF MORTGAGE LIEN.
Status: in_force

45-906. Extent of mortgage lien. A mortgage is a lien upon everything that would pass by a grant or conveyance of the property.

History:

[(45-906) R.S., sec. 3355; reen. R.C. & C.L., sec. 3393; C.S., sec. 6360; I.C.A., sec. 44-806.]
Idaho Code § 45-607 — Idaho Code / Title 45 / Chapter 6 / Section 45-607
45-607 PENALTY FOR FAILURE TO PAY.
Status: in_force

45-607. Penalty for failure to pay. Whenever an employer fails to pay all wages then due an employee at the times due under section 45-606, Idaho Code, then the employee's wages shall continue at the same rate as if services had been rendered in the manner as last employed until paid in full or for fifteen (15) days, whichever is less. However, in no event can the maximum penalty exceed seven hundred fifty dollars ($750), and if the full amount of the wages are paid prior to the filing of a lien pursuant to section 45-620, Idaho Code, the maximum penalty shall not exceed five hundred dollars ($500).

Any employee who secretes or absents himself to avoid payment, or refuses to receive payment when made available as provided for in section 45-606, Idaho Code, shall not be entitled to any penalty under this chapter.

History:

[(45-607) 1911, ch. 170, sec. 2, p. 565; reen. C.L., sec. 5148c; C.S., sec. 7382; I.C.A., sec. 44-607; am. 1989, ch. 280, sec. 8, p. 680; am. 1996, ch. 165, sec. 1, p. 547; am. 1999, ch. 51, sec. 8, p. 118.]
Idaho Code § 45-411 — Idaho Code / Title 45 / Chapter 4 / Section 45-411
45-411 RULES OF PRACTICE AND APPEALS.
Status: in_force

45-411. Rules of practice and appeals. Except as otherwise provided in this chapter the provisions of this code relating to civil actions, new trials and appeals are applicable to, and constitute the rules of practice in the proceedings mentioned in this chapter.

History:

[(45-411) 1893, p. 49, ch. 2, sec. 11; reen. 1899, p. 147, ch. 2, sec. 11; reen. R.C. & C.L., sec. 5135; C.S., sec. 7366; I.C.A., sec. 44-411.]
Idaho Code § 45-1902 — Idaho Code / Title 45 / Chapter 19 / Section 45-1902
45-1902 DEFINITIONS.
Status: in_force

45-1902. Definitions. (1) "Debtor" means a taxpayer or other person against whom there is a final unpaid tax assessment collectible by the state tax commission, a person against whom the department of labor has a lien for a wage claim, unpaid contributions or overpayment of benefits, an individual who is subject to a lien for child support delinquency, or an individual who is subject to a lien for medical assistance.

(2) "Delivered" means transmission to and receipt by the secretary of state of a notice of lien or other notice in any medium to which the filing agency and the secretary of state have agreed.

(3) "Filing agency" means the state tax commission, the department of labor or the department of health and welfare.

(4) "Person" means an individual, organization or legal entity.

History:

[45-1902, added 1997, ch. 205, sec. 1, p. 608; am. 1999, ch. 51, sec. 26, p. 128.]
Idaho Code § 45-619 — Idaho Code / Title 45 / Chapter 6 / Section 45-619
45-619 JUDICIAL REVIEW.
Status: in_force

45-619. Judicial review. (1) A claimant or employer aggrieved by a final decision of the appeals examiner may obtain judicial review of the decision pursuant to the provisions of chapter 52, title 67, Idaho Code, and the provisions of this section.

(2) If the employer files a petition for judicial review in a court of competent jurisdiction contesting the appeals examiner's decision, the employer, not later than the twenty-eighth day after the date the appeals examiner's decision became final, shall either:

(a) Deposit the full amount awarded to the claimant with the department, to be placed by the department in an interest-bearing escrow account of a fully insured financial institution; or

(b) Post a bond, written by a fidelity, surety, guaranty, title or trust company authorized to do business in the state of Idaho. The bond must be in the full amount of the appeals examiner's decision and shall state that the company issuing or executing the bond agrees to pay to the department on behalf of the employer all sums found to be due and owing by the employer by reason of the outcome of the appeal, within thirty (30) days of the filing of the court's decision. A copy of the bond shall be served upon the department and the claimant; or

(c) File an affidavit of inability to either post a bond or send to the department the amount awarded to the claimant.

(3) The employer's failure to timely post a bond or send the amount required by subsection (2) of this section shall constitute a waiver of the right to judicial review.

(4) If, after judicial review, it is determined that some or all of the wages are not owed or the penalty is reduced or is not assessed, the department shall remit the appropriate amount to the employer, plus the interest accrued on the escrowed amount, or collect from the bond only the amount awarded by the court on appeal, up to the maximum amount of the bond.

History:

[45-619, added 1999, ch. 51, sec. 22, p. 126.]
Idaho Code § 45-106 — Idaho Code / Title 45 / Chapter 1 / Section 45-106
45-106 CONTRACTS SUBJECT TO THIS CHAPTER.
Status: in_force

45-106. Contracts subject to this chapter. Contracts of mortgage of real property are subject to all the provisions of this chapter.

History:

[(45-106) R.S., sec. 3330; reen. R.C. & C.L., sec. 3378; C.S., sec. 6345; I.C.A., sec. 44-106; am. 1967, ch. 272, sec. 9, p. 745.]
Idaho Code § 45-1905 — Idaho Code / Title 45 / Chapter 19 / Section 45-1905
45-1905 EFFECT OF NOTICE — PRIORITY.
Status: in_force

45-1905. Effect of notice — Priority. (1) When a notice of lien is filed, the state lien is perfected in all of the existing and after-acquired property of the debtor, both real and personal, tangible and intangible, to which the lien attaches pursuant to the relevant provisions of chapter 6 of title 45, title 63, chapter 13 of title 72, chapter 12 of title 7, or chapter 2 of title 56, Idaho Code.

(2) As to personal property, the perfected lien shall have the same priority as a security interest which becomes perfected under chapter 9, title 28, Idaho Code, at the same time the notice of lien is filed.

(3) As to real property, the perfected lien shall have the same priority as a mortgage which is recorded at the same time the notice of lien is filed.

(4) Nothing herein limits the authority of the state tax commission to subordinate its lien to another lien in the manner provided by section 63-3055, Idaho Code.

History:

[45-1905, added 1997, ch. 205, sec. 1, p. 609; am. 1999, ch. 51, sec. 29, p. 129.]
Idaho Code § 45-908 — Idaho Code / Title 45 / Chapter 9 / Section 45-908
45-908 POWER OF ATTORNEY TO MORTGAGE.
Status: in_force

45-908. Power of attorney to mortgage. A power of attorney to execute a mortgage, or deed of trust must be in writing, subscribed, acknowledged, or proved, certified and recorded in like manner as powers of attorney for grants of real property.

History:

[(45-908) R.S., sec. 3357; reen. R.C. & C.L., sec. 3395; C.S., sec. 6362; I.C.A., sec. 44-808; am. 1957, ch. 181, sec. 21, p. 345.]
Idaho Code § 45-520 — Idaho Code / Title 45 / Chapter 5 / Section 45-520
45-520 RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — PETITION FOR RELEASE — SERVICE OF COPY OF PETITION.
Status: in_force

45-520. Release of lien on real property by posting surety bond — Petition for release — Service of copy of petition. (1) A petition for the release of a mechanic's lien by posting a surety bond must be filed in the district court of the county wherein the property is located and shall set forth:

(a) The title of the cause, thus: "In the matter of the petition of ……………………. (name of petitioner) for release of mechanic's lien of ……………………. (name of mechanic's lien claimant) upon posting surety bond."

(b) An allegation of the purchase of and payment of the premium for the bond, and the dates of purchase and payment.

(c) An allegation incorporating by reference a true copy of the bond, which copy must be attached to the petition.

(d) The name or names of the owner or reputed owners of the land subject to the lien.

(e) A description of the real property subject to the lien, and the instrument number of the lien as given by the recorder's office.

(f) A prayer for an order releasing the lien.

(2) The petitioner shall obtain an order from the district court setting forth the time and date of the hearing on the petition, which time and date must be at least five (5) days after the date of the order and not more than ten (10) days after the date of the order.

(3) A copy of the petition and a copy of the order must be served on the lien claimant at least two (2) days before the date set for the hearing and served in the manner provided by law for service of summons.

History:

[45-520, added 1993, ch. 378, sec. 5, p. 1389.]
Idaho Code § 45-1907 — Idaho Code / Title 45 / Chapter 19 / Section 45-1907
45-1907 AMENDMENT OF NOTICE OF LIEN.
Status: in_force

45-1907. Amendment of notice of lien. (1) The filing agency may amend a notice of lien in any respect by filing a notice of amendment with the secretary of state.

(2) The notice of amendment shall identify the notice of lien to which it relates, and it shall include such information and be in such medium and format as agreed by the filing agency and the secretary of state.

(3) The requirements for delivery, acknowledgment of receipt and authentication of a notice of amendment shall be the same as those prescribed for a notice of lien in section 45-1904, Idaho Code.

(4) The filing of a notice of amendment does not extend the period of effectiveness of the notice of lien to which it relates.

History:

[45-1907, added 1997, ch. 205, sec. 1, p. 609.]
Idaho Code § 45-1604 — Idaho Code / Title 45 / Chapter 16 / Section 45-1604
45-1604 EXCLUSIONS.
Status: in_force

45-1604. Exclusions. The provisions of this chapter shall not apply to:

(1) Regulated lenders, as defined in section 28-41-301, Idaho Code;

(2) Any person licensed or chartered under the laws of any state or of the United States as a bank, trust company, savings and loan association, credit union, or industrial loan company. The terms "bank," "trust company," "savings and loan association," "credit union" and "industrial loan company" shall include affiliates or wholly owned subsidiaries of such organizations, provided that the affiliate or subsidiary is regularly examined by the chartering state or federal agency for consumer compliance purposes;

(3) Mortgage lenders and mortgage brokers licensed under the Idaho residential mortgage practices act, sections 26-31-101 et seq., Idaho Code;

(4) Employees and agents of the organizations specified in subsections (1), (2) and (3) of this section, when acting within the scope of such employment or agency; and

(5) Family member or members of the owner or owners of record of any interest in residential real property subject to foreclosure. For purposes of this chapter, "family member or members" means a natural person or the spouse of a natural person who is related to such owner or owners of record by blood, adoption or marriage within the second degree of consanguinity or a grandchild or the spouse of a grandchild.

History:

[45-1604, added 2008, ch. 192, sec. 1, p. 602; am. 2013, ch. 54, sec. 15, p. 122; am. 2015, ch. 244, sec. 27, p. 1022.]
Idaho Code § 45-412 — Idaho Code / Title 45 / Chapter 4 / Section 45-412
45-412 ENFORCEMENT AGAINST WHOLE OR PART OF PROPERTY.
Status: in_force

45-412. Enforcement against whole or part of property. Any person who shall bring a civil action to enforce the lien as herein provided for, or any person having a lien as herein provided for, who shall be made a party to any such civil action, has a right to demand that such lien be enforced against the whole or any part of the saw logs, spars, piles, cord wood or other timber or manufactured lumber, upon which he has performed labor or which he has assisted in obtaining or securing, or which has been cut on his timber land during the eight (8) months mentioned in sections 45-405 and 45-406, for all his labor upon, or for all his assistance in obtaining or securing, said logs, spars, piles, cord wood or other timber, or in manufacturing said lumber during the whole or any part of the eight (8) months mentioned in section 45-405, or for timber cut during the whole or any part of the eight (8) months mentioned in section 45-406.

History:

[(45-412) 1893, p. 49, ch. 2, sec. 12; reen. 1899, p. 147, ch. 2, sec. 12; reen. R.C. & C.L., sec. 5136; C.S., sec. 7367; I.C.A., sec. 44-412.]
Idaho Code § 45-704B — Idaho Code / Title 45 / Chapter 7 / Section 45-704B
45-704B LIENS FOR MEDICAL CARE.
Status: in_force

45-704B. Liens for medical care. Every individual or association licensed or incorporated under the laws of the state of Idaho to practice medicine and surgery (hereinafter "physician") shall be entitled to a lien for the reasonable charges for medical care and treatment rendered an injured person upon any and all causes of action, suits, claims, counterclaims, or demands accruing to the person to whom such care and treatment was furnished, or to the legal representatives of such person, on account of injuries giving rise to such causes of action and that necessitate such medical care and treatment. In order to perfect the lien, the physician or his agent shall file the lien within the time prescribed and in the same general form and manner as provided in section 45-702, Idaho Code, in the office of the recorder of the county in which the physician rendered the services. The lien shall be recorded and indexed in the manner provided in section 45-703, Idaho Code. The lien shall be enforced or released in the manner provided in section 45-704, Idaho Code. If the claimant of the lien prevails in an action to enforce the lien, the court may allow reasonable attorney's fees and disbursements.

History:

[45-704B, added 1979, ch. 302, sec. 1, p. 822; am. 2024, ch. 236, sec. 3, p. 820.]