reglab/housing_qa huggingface dataset:
ID Code § 55-904 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-904 - POWER OF REVOCATION NOT SUBJECT TO EXERCISE BEFORE GRANT — WHEN DEEMED EXECUTED.

55-904. POWER OF REVOCATION NOT SUBJECT TO EXERCISE BEFORE GRANT — WHEN DEEMED EXECUTED. Where a person having the power of revocation within the provisions of the last section is not entitled to execute it until after the time at which he makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitled to execute it.  History: [(55-904) 1863, p. 540, sec. 5; R.S., sec. 3018; reen. R.C. & C.L., sec. 3167; C.S., sec. 5431; I.C.A., sec. 54-904.]
ID Code § 55-905 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-905 - FRAUDULENT TRANSFERS OF PERSONALTY.

55-905. FRAUDULENT TRANSFERS OF PERSONALTY. All deeds of gift, all conveyances, and all transfers or assignments, oral or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, are void as against the creditors, existing or subsequent, of such person. However, a settlor’s retained right to receive distributions from a trust in an amount equal to or less than the federal and state income tax liability incurred by such settlor as a result of such trust being characterized as a grantor trust pursuant to the rules of the Internal Revenue Code of 1986, as amended, sections 671 through 679, inclusive, shall not be considered a deed of gift, conveyance, transfer or assignment that is made in trust for the use of the person making the same.  History: [(55-905) 1863, p. 540, sec. 11; R.S., sec. 3019; reen. R.C. & C.L., sec. 3168; C.S., sec. 5432; I.C.A., sec. 54-905; am. 2007, ch. 68, sec. 5, p. 182.]
ID Code § 55-906 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-906 - TRANSFERS IN FRAUD OF CREDITORS.

55-906. TRANSFERS IN FRAUD OF CREDITORS. Every transfer of property, or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.  History: [(55-906) 1863, p. 540, sec. 18; R.S., sec. 3020; reen. R.C. & C.L., sec. 3169; C.S., sec. 5433; I.C.A., sec. 54-906.]
ID Code § 55-907 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-907 - TRANSFERS IN FRAUD OF CREDITORS — DELIVERY AND CHANGE OF POSSESSION.

55-907. TRANSFERS IN FRAUD OF CREDITORS — DELIVERY AND CHANGE OF POSSESSION. Every transfer of personal property other than a thing in action, and every lien thereon, other than (a) any transfer in connection with security interest created under the Uniform Commercial Code, is presumed, if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the successors in interests of such creditor, and against any persons on whom his estate devolves in trust for the benefit of others than himself, and against purchasers or encumbrancers in good faith subsequent to the transfer.  History: [(55-907) 1863, p. 540, sec. 15; R.S., sec. 3021; reen. R.C. & C.L., sec. 3170; C.S., sec. 5434; I.C.A., sec. 54-907; am. 1967, ch. 272, sec. 27, p. 745.]
ID Code § 55-908 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-908 - FRAUD IS A QUESTION OF FACT.

55-908. FRAUD IS A QUESTION OF FACT. In all cases arising under the provisions of chapters 5 to 9 inclusive, of this title, the question of fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.  History: [(55-908) 1863, p. 540, sec. 20; R.S., sec. 3022; reen. R.C. & C.L., sec. 3171, C.S., sec. 5435; I.C.A., sec. 54-908; am. 1967, ch. 272, sec. 28, p. 745.]
ID Code § 55-909 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-909 - TITLE OF PURCHASER NOT IMPAIRED.

55-909. TITLE OF PURCHASER NOT IMPAIRED. The provisions of this chapter do not in any manner affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.  History: [(55-909) 1863, p. 540, sec. 21; R.S., sec. 3023; reen. R.C. & C.L., sec. 3172; C.S., sec. 5436; I.C.A., sec. 54-909.]
ID Code § 55-911 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-911 - INSOLVENCY DEFINED.

55-911. INSOLVENCY DEFINED. (1) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (2) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the transferee or debtor the burden of proving that it is probable that the debtor was solvent at the time of the transfer. (3) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this act. (4) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.  History: [55-911, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 2, p. 1291.]
ID Code § 55-912 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-912 - VALUE DEFINED.

55-912. VALUE DEFINED. (1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promissor’s business to furnish support to the debtor or another person. (2) For the purposes of sections 55-913(1)(b) and 55-914, Idaho Code, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement. (3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.  History: [55-912, added 1987, ch. 202, sec. 2, p. 425.]
ID Code § 55-913 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-913 - TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR.

55-913. TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: 1. was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or 2. intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due. (2) In determining actual intent under subsection (1)(a) of this section, consideration may be given, among other factors, as to whether: (a) The transfer or obligation was to an insider; (b) The debtor retained possession or control of the property transferred after the transfer; (c) The transfer or obligation was disclosed or concealed; (d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (e) The transfer was of substantially all the debtor’s assets; (f) The debtor absconded; (g) The debtor removed or concealed assets; (h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. (3) A creditor making a claim under subsection (1) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.  History: [55-913, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 3, p. 1292.]
ID Code § 55-914 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-914 - TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR.

55-914. TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. (2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. (3) Subject to section 55-911(2), Idaho Code, a creditor making a claim under subsection (1) or (2) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.  History: [55-914, added 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 4, p. 1292.]
ID Code § 55-915 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-915 - WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED.

55-915. WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED. For the purposes of this act: (1) A transfer is made: (a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this act that is superior to the interest of the transferee; (2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this act, the transfer is deemed made immediately before the commencement of the action; (3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee; (4) A transfer is not made until the debtor has acquired rights in the asset transferred; and (5) An obligation is incurred: (a) If oral, when it becomes effective between the parties; or (b) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.  History: [55-915, dded 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 5, p. 1293.]
ID Code § 55-916 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-916 - REMEDIES OF CREDITOR.

55-916. REMEDIES OF CREDITOR. (1) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in section 55-917, Idaho Code, may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (b) An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and (c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: 1. an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; 2. appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or 3. any other relief the circumstances may require. (2) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.  History: [55-916, added 1987, ch. 202, sec. 2, p. 427; am. 2015, ch. 342, sec. 6, p. 1293.]
ID Code § 55-918 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-918 - EXTINGUISHMENT OF A CAUSE OF ACTION.

55-918. EXTINGUISHMENT OF A CAUSE OF ACTION. A cause of action with respect to a transfer or obligation under this act is extinguished unless action is brought: (1) Under section 55-913(1)(a), Idaho Code, not later than four (4) years after the transfer was made or the obligation was incurred or, if later, not later than one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant; (2) Under section 55-913(1)(b) or 55-914(1), Idaho Code, not later than four (4) years after the transfer was made or the obligation was incurred; or (3) Under section 55-914(2), Idaho Code, not later than one (1) year after the transfer was made or the obligation was incurred.  History: [55-918, added 1987, ch. 202, sec. 2, p. 428; am. 2015, ch. 342, sec. 8, p. 1295.]
ID Code § 55-919 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-919 - GOVERNING LAW.

55-919. GOVERNING LAW. (1) In this section, the following rules shall determine a debtor’s location: (a) A debtor who is an individual is located at the individual’s principal residence; (b) A debtor that is an organization and has only one (1) place of business is located at its place of business; and (c) A debtor that is an organization and has more than one (1) place of business is located at its chief executive office. (2) A claim in the nature of a claim under this act is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.  History: [55-919, added 2015, ch. 342, sec. 9, p. 1295.]
ID Code § 55-920 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-920 - APPLICATION OF GENERAL LAW.

55-920. APPLICATION OF GENERAL LAW. Unless displaced by the provisions of this act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.  History: [(55-920) 55-919, added 1987, ch. 202, sec. 2, p. 428; am. and redesig. 2015, ch. 342, sec. 10, p. 1295.]
ID Code § 55-921 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-921 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

55-921. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.  History: [(55-921) 55-920, added 1987, ch. 202, sec. 2, p. 428; am. and redesig. 2015, ch. 342, sec. 11, p. 1296.]
ID Code § 55-922 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 9 - UNLAWFUL TRANSFERS|Section 55-922 - SHORT TITLE.

55-922. SHORT TITLE. This act, that was formerly cited as the "Uniform Fraudulent Transfer Act" may be cited as the "Uniform Voidable Transactions Act."  History: [(55-922) 55-921, added 1987, ch. 202, sec. 2, p. 429; am. and redesig. 2015, ch. 342, sec. 12, p. 1296.]
ID Code § 55-1001 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 10 - HOMESTEADS|Section 55-1001 - DEFINITIONS.

55-1001. DEFINITIONS. For purposes of this chapter: (1) "Dwelling house" and "mobile home" include manufactured housing. (2) "Homestead" means and consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the land on which the same are situated and by which the same are surrounded, or improved; or unimproved land owned with the intention of placing a house or mobile home thereon and residing thereon. A mobile home may be exempted under this chapter whether or not it is permanently affixed to the underlying land and whether or not the mobile home is placed upon a lot owned by the mobile home owner. Property included in the homestead must be actually intended or used as a principal home for the owner. (3) "Net value" means market value less all liens and encumbrances. (4) "Owner" includes, but is not limited to, a purchaser under a deed of trust, mortgage, or contract, or a person who takes the subject property under a life estate.  History: [55-1001, added 1989, ch. 371, sec. 2, p. 934; am. 2000, ch. 226, sec. 1, p. 622.]
ID Code § 55-1002 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 10 - HOMESTEADS|Section 55-1002 - FROM WHAT PROPERTY SELECTED.

55-1002. FROM WHAT PROPERTY SELECTED. If the owner is married, the homestead may consist of the community or jointly owned property of the spouses or the separate property of either spouse: Provided, that the same premises may not be claimed separately by the husband and wife with the effect of increasing the net value of the homestead available to the marital community beyond the amount specified in section 55-1003, Idaho Code. When the owner is not married, the homestead may consist of any of his or her property.  History: [55-1002, added 1989, ch. 371, sec. 2, p. 934.]
ID Code § 55-1003 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 10 - HOMESTEADS|Section 55-1003 - HOMESTEAD EXEMPTION LIMITED.

55-1003. HOMESTEAD EXEMPTION LIMITED. A homestead may consist of lands, as described in section 55-1001, Idaho Code, regardless of area, but the homestead exemption amount shall not exceed the sum of one hundred seventy-five thousand dollars ($175,000).  History: [55-1003, added 1989, ch. 371, sec. 2, p. 934; am. 1992, ch. 14, sec. 1, p. 38; am. 2006, ch. 262, sec. 1, p. 814; am. 2020, ch. 232, sec. 2, p. 685.]
ID Code § 55-1004 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 10 - HOMESTEADS|Section 55-1004 - AUTOMATIC HOMESTEAD EXEMPTION — CONDITIONS — DECLARATION OF HOMESTEAD — DECLARATION OF ABANDONMENT.

55-1004. AUTOMATIC HOMESTEAD EXEMPTION — CONDITIONS — DECLARATION OF HOMESTEAD — DECLARATION OF ABANDONMENT. (1) Property described in section 55-1001, Idaho Code, constitutes a homestead and is automatically protected by the exemption described in section 55-1003, Idaho Code, from and after the time the property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required in this section are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as described in section 55-1006, Idaho Code. (2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recorder of the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recorder of the county in which the land is located. (3) The declaration of homestead must contain: (a) A statement that the person making it is residing on the premises or intends to reside thereon and claims the premises as a homestead; (b) A legal description of the premises; and (c) An estimate of the premises actual cash value. (4) The declaration of abandonment must contain: (a) A statement that a premises occupied as a residence or claimed as a homestead no longer constitutes the owner’s homestead; (b) A legal description of the premises; and (c) A statement of the date of abandonment. (5) The declaration of homestead and declaration of abandonment of homestead must be acknowledged in the same manner as a grant of real property is acknowledged.  History: [55-1004, added 1989, ch. 371, sec. 2, p. 934.]
ID Code § 55-1005 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 10 - HOMESTEADS|Section 55-1005 - TO WHAT JUDGMENTS SUBJECT.

55-1005. TO WHAT JUDGMENTS SUBJECT. The homestead is subject to execution or forced sale in satisfaction of judgments obtained: (1) Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective. (2) On debts secured by mechanic’s, laborer’s or vendor’s lien upon the premises. (3) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant. (4) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.  History: [55-1005, added 1989, ch. 371, sec. 2, p. 935.]
ID Code § 55-1006 (2021)
2021 Idaho Code|Title 55 - PROPERTY IN GENERAL|Chapter 10 - HOMESTEADS|Section 55-1006 - PRESUMPTION OF ABANDONMENT — DECLARATION OF NONABANDONMENT.

55-1006. PRESUMPTION OF ABANDONMENT — DECLARATION OF NONABANDONMENT. A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated. The declaration of nonabandonment of homestead must contain: (1) A statement that the owner claims the property as a homestead, that the owner intends to occupy the property in the future, and that the owner claims no other property as a homestead; (2) A statement of where the owner will be residing while absent from the homestead property, the estimated duration of the owner’s absence, and the reason for the absence; and (3) A legal description of the homestead property.  History: [55-1006, added 1989, ch. 371, sec. 2, p. 935.]