reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-616 - ENFORCEMENT.

45-616. ENFORCEMENT. (1) The director shall enforce and administer the provisions of this chapter. The director is empowered to hold hearings and otherwise investigate violations or alleged violations of this chapter and any rules promulgated pursuant thereto, and to issue orders for administrative remedies as authorized.
(2) The director is empowered to enter and inspect places, question employees, and investigate facts, conditions, or matters as the director may deem appropriate to determine whether any person has violated any provision of this chapter or any rule promulgated thereunder or which may aid in the enforcement of the provisions of this chapter.
(3) The director shall have the power to administer oaths and examine witnesses under oath or otherwise, and issue subpoenas to compel the attendance of witnesses and the production of any evidence deemed necessary in the administration of this chapter.
(4) If any person fails to comply with any subpoena lawfully issued, it shall be the duty of the district court, on application by the director, to compel compliance by citation for contempt.
(5) An employer shall furnish to the department the information the department is authorized to acquire under this section when the request is submitted in writing.
(6) The department shall attempt for a period of not less than two (2) years from the date of collection, to make payment of wages collected under this chapter to the person entitled thereto. Wage claims collected by the department that remain unclaimed for a period of more than two (2) years from the date collected shall on June 30th of each year be forfeited and retained in the department’s account and used for the administration of this chapter.
History:
[(45-616) I.C., sec. 45-613, as added by 1967, ch. 436, sec. 5, p. 1469; am. 1974, ch. 39, sec. 74, p. 1023; am. and redesignated 45-616, 1989, ch. 280, sec. 17, p. 683; am. 1999, ch. 51, sec. 18, p. 122.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-618 - ADMINISTRATIVE ENFORCEMENT AND COLLECTION OF WAGE CLAIMS.

45-618. ADMINISTRATIVE ENFORCEMENT AND COLLECTION OF WAGE CLAIMS. (1) A department determination, if not appealed to an appeals examiner; or a decision of the appeals examiner, if judicial review is not sought; or a court order following judicial review, may be enforced by the department according to section 45-620, Idaho Code.
(2) If at any time the department determines, in its sole discretion, that a wage claim upon which a lien was filed pursuant to section 45-620, Idaho Code, is no longer collectable, the department shall:
(a) Transfer the state lien from the central lien filing system of the secretary of state to the district court in the county of the debtor’s last known address. A lien transferred pursuant to this subsection shall be entered in the judgment docket of the district court and recorded as a transferred lien with the effective date of the lien being the date it was initially filed with the secretary of state.
(b) Notify the claimant in writing, at the claimant’s last known address, that the lien has been transferred and advise the claimant that no further action will be maintained by the department on the wage claim, and that from the date of the transfer, it shall be the claimant’s sole responsibility to maintain and enforce the lien.
(3) A lien transferred pursuant to this section shall be enforceable by the claimant in the same manner and with the same effect as if the lien had been a judgment of the district court.
History:
[45-618, added 1999, ch. 51, sec. 21, p. 125.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-619 - JUDICIAL REVIEW.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-620 - LIENS.

45-620. LIENS. (1) Upon the failure of any person to pay any amount when due pursuant to section 45-617, Idaho Code, the department may file with the office of the secretary of state, as provided in chapter 19, title 45, Idaho Code, a notice of lien.
(2) Upon delivery to the secretary of state, the notice of lien shall be filed and maintained in accordance with chapter 19, title 45, Idaho Code. When such notice is duly filed, all amounts due shall constitute a lien upon the entire interest, legal or equitable, in any property of such person, real or personal, tangible or intangible, not exempt from execution, situated in the state. Such lien may be enforced by the director or by any sheriff of the various counties in the same manner as a judgment of the district court duly docketed and the amount secured by the lien shall bear interest at the rate of the state statutory legal limit on judgments. The foregoing remedy shall be in addition to all other remedies provided by law.
(3) In any suit or action involving the title to real or personal property against which the state has a perfected lien, the state shall be made a party to such suit or action.
History:
[45-620, added 1999, ch. 51, sec. 23, p. 126.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 6 - CLAIMS FOR WAGES › Section 45-621 - COLLECTION OF LIEN AMOUNTS.

45-621. COLLECTION OF LIEN AMOUNTS. (1) In addition to all other remedies or actions provided by this chapter, it shall be lawful for the director or his agent to collect any amounts secured by liens created pursuant to this chapter by seizure and sale of the property of any person liable for such amounts who fails to pay the same within thirty (30) days from the mailing of notice and demand for payment thereof.
(2) Property exempt from seizure shall be the same property that is exempt from execution as otherwise allowed by law.
(3) In exercising his authority under subsection (1) of this section, the director may levy, or by his warrant, authorize any of his representatives, a sheriff or deputy to levy upon, seize and sell any nonexempt property belonging to any person liable for the amounts secured by the lien.
(4) When a warrant is issued by the department for the collection of any amount due pursuant to a lien authorized by this chapter, it shall be directed to any authorized representative of the department, or to any sheriff or deputy, and any such warrant shall have the same force and effect as a writ of execution. It may be levied and sale made pursuant to it in the same manner and with the same force and effect as a levy and sale pursuant to a writ of execution. Upon the completion of his services pursuant to said warrant, the sheriff or deputy shall receive the same fees and expenses as are provided by law for services related to a writ of execution. All such fees and expenses shall be an obligation of the person liable for the amounts due and shall be collected from such person by virtue of the warrant. Any warrant issued by the director shall contain, at a minimum, the name and address of the liable person; the nature of the underlying liability; the date the liability was incurred; the amount of the liability secured by the lien; the amount of any penalty, interest or other amount due under the lien; and the interest rate on the lien.
(5) Whenever any property that is seized and sold by virtue of the foregoing provisions is not sufficient to satisfy the claim of the state for which seizure is made, any other property subject to seizure shall be seized and sold until the amount due from such person, together with all expenses, is fully paid.
(6) All persons are required, on demand of a representative of the department, a sheriff or deputy acting pursuant to this chapter, to produce all documentary evidence and statements relating to the property or rights in the property subject to seizure.
(7) Upon the filing of a state lien pursuant to section 45-620, Idaho Code, the department may collect on the lien in the same manner and to the same extent as the department collects tax liabilities and overpayment of benefits as provided by section 63-3077A, Idaho Code.
History:
[45-621, added 1999, ch. 51, sec. 24, p. 127.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 7 - HOSPITAL AND NURSING CARE LIENS › Section 45-701 - RIGHT TO LIEN CONFERRED.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 7 - HOSPITAL AND NURSING CARE LIENS › Section 45-702 - PERFECTING LIEN — STATEMENT OF CLAIM — CONTENTS — FILING.

45-702. PERFECTING LIEN — STATEMENT OF CLAIM — CONTENTS — FILING. In order to perfect such lien, an officer or agent of such hospital, before, or within ninety (90) days after, such person shall have been discharged therefrom, shall file in the office of the recorder of the county in which such hospital shall be located a verified statement in writing setting forth the name and address of such patient, as it shall appear on the records of such hospital, the name and location of such hospital, and the name and address of the officer or agent of such hospital filing the lien, the dates of admission to and discharge of such patient therefrom, the amount claimed to be due for such hospital care, and, to the best of claimant’s knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured person or the legal representative of such person, to be liable for damages arising from such injuries; such claimant shall also, within one (1) day after the filing of such claim or lien, mail a copy thereof, postage prepaid, to each person, firm, or corporation so claimed to be liable for such damages, at the address so given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms or corporations liable for such damages, whether or not they are named in such claim or lien.
History:
[45-702, added 1941, ch. 118, sec. 2, p. 238; am. 1967, ch. 65, sec. 1, p. 147.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 7 - HOSPITAL AND NURSING CARE LIENS › Section 45-703 - RECORDING AND INDEXING LIEN.

45-703. RECORDING AND INDEXING LIEN. The recorder shall endorse thereon the date and hour of recording and, at the expense of the county, shall provide a hospital lien book with proper index in which he shall enter the date and hour of such recording, the name and address of such hospital and of such patient, the amount claimed and the names and addresses of those claimed to be liable for damage. Such recorder shall be paid the sum as provided by section 31-3205, Idaho Code.
History:
[45-703, added 1941, ch. 118, sec. 3, p. 238; am. 1984, ch. 30, sec. 1, p. 51.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 7 - HOSPITAL AND NURSING CARE LIENS › Section 45-704 - RELEASE OF LIEN — ACTION TO ENFORCE LIEN.

45-704. RELEASE OF LIEN — ACTION TO ENFORCE LIEN. No release of such causes of action, or any of them, or of any judgment thereon, shall be valid or effectual as against such lien unless such lien holder shall join therein, or execute a release of such lien, and the claimant, or assignee of such lien may enforce such lien by an action against the person, firm or corporation liable for such damage, which action shall be commenced and tried in the county in which such lien shall be filed, unless ordered removed to another county by the court for cause. If the claimant shall prevail in such action, the court may allow reasonable attorney’s fees and disbursements. Such action shall be commenced within two (2) years after the filing of such lien.
History:
[45-704, added 1941, ch. 118, sec. 4, p. 238.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 7 - HOSPITAL AND NURSING CARE LIENS › Section 45-704A - LIENS FOR NURSING CARE.

45-704A. LIENS FOR NURSING CARE. Every person licensed under the laws of the state of Idaho to render nursing care shall be entitled to a lien for the reasonable charges for nursing 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 which necessitate such nursing care and treatment; said lien shall be perfected in the form and manner as provided in section 45-702, Idaho Code; said lien shall be recorded and indexed in the manner provided in section 45-703, Idaho Code; said lien shall be enforced and/or released in the manner provided in section 45-704, Idaho Code; and if the claimant of said lien shall prevail in an action to enforce said lien, the court may allow reasonable attorney’s fees and disbursements.
History:
[45-704A, added 1961, ch. 21, sec. 1, p. 23.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 7 - HOSPITAL AND NURSING CARE LIENS › Section 45-704B - LIENS FOR MEDICAL CARE.

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 which necessitate such medical care and treatment. In order to perfect the lien, the physician or his agent shall, before or within ninety (90) days after the last date of medical services for the injury, file the lien 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 and/or released in the manner provided in section 45-704, Idaho Code. If the claimant of the lien shall prevail 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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 7 - HOSPITAL AND NURSING CARE LIENS › Section 45-705 - WORKMEN’S COMPENSATION CASES EXCEPTED FROM ACT.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 8 - MISCELLANEOUS LIENS › Section 45-801 - VENDOR’S LIEN.

45-801. VENDOR’S LIEN. One who sells real property has a vendor’s lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer.
History:
[(45-801) R.S., sec. 3440; reen. R.C. & C.L., sec. 3441; C.S., sec. 6408; I.C.A., sec. 44-701.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 8 - MISCELLANEOUS LIENS › Section 45-802 - VENDOR’S LIEN — WAIVER.

45-802. VENDOR’S LIEN — WAIVER. Where a buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of such contract by the seller waives his lien to the extent of the sum payable under the contract, but a transfer of such contract, in trust to pay debts, and return the surplus, is not a waiver of the lien.
History:
[(45-802) R.S., sec. 3441; reen. R.C. & C.L., sec. 3442; C.S., sec. 6409; I.C.A., sec. 44-702.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 8 - MISCELLANEOUS LIENS › Section 45-803 - VENDOR’S LIEN — EXTENT.

45-803. VENDOR’S LIEN — EXTENT. The liens of vendors and purchasers of real property are valid against every one claiming under the debtor, except a purchaser or encumbrancer in good faith and for value.
History:
[(45-803) R.S., sec. 3442; reen. R.C. & C.L., sec. 3443; C.S., sec. 6410; I.C.A., sec. 44-703.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 8 - MISCELLANEOUS LIENS › Section 45-804 - LIEN OF PURCHASER OF REAL PROPERTY.

45-804. LIEN OF PURCHASER OF REAL PROPERTY. One who pays to the owner any part of the price of real property, under an agreement for the sale thereof, has a special lien upon the property, independent of possession, for such part of the amount paid as he may be entitled to recover back, in case of a failure of consideration.
History:
[(45-804) R.S., sec. 3444; reen. R.C. & C.L., sec. 3445; C.S., sec. 6411; I.C.A., sec. 44-704.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 8 - MISCELLANEOUS LIENS › Section 45-806 - LIEN FOR MAKING, ALTERING, OR REPAIRING PERSONAL PROPERTY.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 8 - MISCELLANEOUS LIENS › Section 45-807 - LIEN OF FACTOR.

45-807. LIEN OF FACTOR. A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are entrusted to him by the same principal.
History:
[(45-807) R.S., sec. 3447; reen. R.C. & C.L., sec. 3448; C.S., sec. 6414; I.C.A., sec. 44-707.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 8 - MISCELLANEOUS LIENS › Section 45-808 - LIEN OF BANKER.

45-808. LIEN OF BANKER. A banker has a general lien, dependent on possession, upon all property in his hands, belonging to a customer, for the balance due to him from such customer in the course of the business.
History:
[(45-808) R.S., sec. 3448; reen. R.C. & C.L., sec. 3449; C.S., sec. 6415; I.C.A., sec. 44-708.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 8 - MISCELLANEOUS LIENS › Section 45-809 - LIEN FOR COOPERATIVE CORPORATIONS OR ASSOCIATIONS.

45-809. LIEN FOR COOPERATIVE CORPORATIONS OR ASSOCIATIONS. Any cooperative corporation, as defined by Idaho Code, which provides goods or services to any person, firm or corporation, may set off any equity interest owned by such person, firm or corporation in the cooperative as a means of collecting obligations owed to it for such goods or services. Equity shall include, but not be limited to, membership stock, capital credits, accounts representing capital credits, capital stock or patronage credits. The cooperative shall have a lien on and a continuing perfected security interest in such equity to secure payment of any indebtedness, whenever incurred, owed to the cooperative by the person, firm or corporation receiving goods or services. Such lien and continuing perfected security interest may be enforced by right of offset when it becomes due and payable under the articles or bylaws of the cooperative. The cooperative’s right of offset shall not entitle the debtor to set off its obligations against equity interest it owns in the cooperative which are not yet an obligation of the cooperative payable under the article or bylaws of the cooperative.
History:
[45-809, added 1996, ch. 344, sec. 1, p. 1154.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-901 - MORTGAGE DEFINED.

45-901. MORTGAGE DEFINED. Mortgage is a contract excepting a trust deed or transfer in trust by which specific property is hypothecated for the performance of an act without the necessity of a change of possession.
History:
[(45-901) R.S., sec. 3350; reen. R.C. & C.L., sec. 3388; C.S., sec. 6355; I.C.A., sec. 44-801; am. 1957, ch. 181, sec. 16, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-902 - MORTGAGE MUST BE IN WRITING.

45-902. MORTGAGE MUST BE IN WRITING. A mortgage, deed of trust or transfer in trust can be created, renewed or extended only by writing, executed with the formalities required in the case of a grant or conveyance of real property.
History:
[(45-902) R.S., sec. 3351; reen. R.C. & C.L., sec. 3389; C.S., sec. 6356; I.C.A., sec. 44-802; am. 1957, ch. 181, sec. 17, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-903 - LIEN OF MORTGAGE IS SPECIAL.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-904 - TRANSFERS DEEMED MORTGAGES.

45-904. TRANSFERS DEEMED MORTGAGES. Every transfer of an interest in property other than in trust to secure the performance of any obligation of the trustor or other person named in the trust instrument, made only as a security for the performance of another act, is to be deemed a mortgage.
History:
[(45-904) R.S., sec. 3353; reen. R.C. & C.L., sec. 3391; C.S., sec. 6358; I.C.A., sec. 44-804; am. 1957, ch. 181, sec. 18, p. 345; am. 1967, ch. 272, sec. 13, p. 745.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-905 - DEFEASANCE MAY BE SHOWN BY PAROL.

45-905. DEFEASANCE MAY BE SHOWN BY PAROL. The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a trustee under any trust deed or transfer in trust, or a subsequent purchaser or encumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.
History:
[(45-905) R.S., sec. 3354; reen. R.C. & C.L., sec. 3392; C.S., sec. 6359; I.C.A., sec. 44-805; am. 1957, ch. 181, sec. 19, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-906 - EXTENT OF MORTGAGE LIEN.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-907 - SUBSEQUENT TITLE INURES TO MORTGAGEE.

45-907. SUBSEQUENT TITLE INURES TO MORTGAGEE. Title acquired by a mortgagor subsequent to the execution of the mortgage or by a grantor subsequent to the execution of the trust deed inures to the mortgagee or trustee in like manner as if acquired before the execution.
History:
[(45-907) R.S., sec. 3356; R.C. & C.L., sec. 3394; C.S., sec. 6361; I.C.A., sec. 44-807; am. 1957, ch. 181, sec. 20, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-908 - POWER OF ATTORNEY TO MORTGAGE.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-909 - RECORDING ASSIGNMENT OF MORTGAGE.

45-909. RECORDING ASSIGNMENT OF MORTGAGE. An assignment of a mortgage may be recorded in like manner as a mortgage and such record operates as notice to all persons subsequently deriving title to the mortgage from the assignor.
History:
[(45-909) R.S., sec. 3358; reen. R.C. & C.L., sec. 3396; C.S., sec. 6363; I.C.A., sec. 44-809; am. 1935, ch. 19, sec. 1, p. 37; am. 1967, ch. 272, sec. 14, p. 745.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-910 - RECORD OF ASSIGNMENT NOT NOTICE TO MORTGAGOR.

45-910. RECORD OF ASSIGNMENT NOT NOTICE TO MORTGAGOR. The record of the assignment of a mortgage is not of itself notice to a mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee.
History:
[(45-910) R.S., sec. 3359; reen. R.C. & C.L., sec. 3397; C.S., sec. 6364; I.C.A., sec. 44-810.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-911 - ASSIGNMENT OF DEBT CARRIES SECURITY.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-912 - MARGINAL DISCHARGE OF MORTGAGE.

45-912. MARGINAL DISCHARGE OF MORTGAGE. A recorded mortgage may be discharged by an entry in the margin of the record thereof, signed by the mortgagee, or his personal representative or assignee, acknowledging the satisfaction of the mortgage in the presence of the recorder, who must certify the acknowledgement in form substantially as follows:
"Signed and acknowledged before me this …. day of …. in the year of …..
History:
[(45-912) 1863, p. 528, sec. 36; R.S., sec. 3361; am. 1895, p. 54, sec. 1; reen. 1899, p. 249, sec. 1; reen. R.C. & C.L., sec. 3399; C.S., sec. 6366; I.C.A., sec. 44-812; am. 1967, ch. 272, sec. 15, p. 745.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-913 - DISCHARGE OF MORTGAGE ON CERTIFICATE.

45-913. DISCHARGE OF MORTGAGE ON CERTIFICATE. A recorded mortgage if not discharged as provided in the preceding section, must be discharged upon the record by the officer having custody thereof, on the presentation to him of a certificate signed by the mortgagee, his personal representative or assigns, acknowledged or proved and certified as prescribed by the chapter on recording transfers, stating that the mortgage has been paid, satisfied or discharged: provided, that whenever a bank or the person appointed to liquidate the affairs of a bank as provided in section 26-908, has failed or neglected to issue a certificate showing the release, discharge or satisfaction of a real mortgage, the director of the department of finance, or his successor in office, may, upon the request of the owner, or any subsequent owner, or party in interest, issue to such party his certificate showing such mortgage to have been paid, discharged or satisfied even though the affairs of said bank have been completely liquidated.
History:
[(45-913) 1863, p. 528, sec. 37; R.S., sec. 3362; am. 1895, p. 54, sec. 2; reen. 1899, p. 249, sec. 2; reen. R.C. & C.L., sec. 3400; C.S., sec. 6367; I.C.A., sec. 44-813; am. 1945, ch. 91, sec. 1, p. 140; am. 1967, ch. 272, sec. 16, p. 745.] ]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-914 - RECORD OF DISCHARGE.

45-914. RECORD OF DISCHARGE. A certificate of the discharge of a real estate mortgage must be recorded, and a reference made in the record book to the book and page where the mortgage is recorded and in the minute of the discharge made upon the record of the mortgage to the book and page where the discharge is recorded.
History:
[(45-914) 1863, p. 528, sec. 38; R.S., sec. 3363; reen. R.C. & C.L., sec. 3401; C.S., sec. 6368; am. 1927, ch. 128, sec. 1, p. 171; I.C.A., sec. 44-814; am. 1951, ch. 251, sec. 4, p. 540; am. 1959, ch. 72, sec. 4, p. 157; am. 1967, ch. 272, sec. 17, p. 745.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-915 - MORTGAGE — SATISFACTION — FAILURE TO RELEASE OF RECORD — PENALTY.

45-915. MORTGAGE — SATISFACTION — FAILURE TO RELEASE OF RECORD — PENALTY. When any mortgage, affecting the title to real property, has been satisfied, the holder thereof or his assignee must immediately, on the demand of the mortgagor, purchaser, or the successor in interest of either, execute, acknowledge, and deliver to him a certificate of the discharge thereof so as to entitle it to be recorded, or he must enter satisfaction or cause satisfaction of such mortgage or affecting the title to real property, to be entered of record; and any holder, or assignee of such holder, who refuses to execute, acknowledge, and deliver to the mortgagor, purchaser, or the successor in interest of either, the certificate of discharge, or to enter satisfaction, or cause satisfaction of the mortgage to be entered, as provided in this chapter, is liable to the mortgagor, purchaser, or his grantee or heirs, for all damages which he or they may sustain by reason of such refusal, and shall also forfeit to him or them the sum of $100.
History:
[(45-915) 1863, p. 528, sec. 39; R.S., sec. 3364; reen. R.C. & C.L., sec. 3402; C.S., sec. 6369; I.C.A., sec. 44-815; am. 1943, ch. 100, sec. 1, p. 194; am. 1967, ch. 272, sec. 18, p. 745.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 9 - MORTGAGES IN GENERAL › Section 45-916 - APPLICATION TO REAL PROPERTY ONLY.

45-916. APPLICATION TO REAL PROPERTY ONLY. The provisions of this chapter shall apply to mortgages of real property only.
History:
[45-916, added 1967, ch. 272, sec. 19, p. 745.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 10 - MORTGAGE OF REAL PROPERTY › Section 45-1001 - WHAT MAY BE MORTGAGED.

45-1001. WHAT MAY BE MORTGAGED. Any interest in real property which is capable of being transferred may be mortgaged.
History:
[(45-1001) R.S., sec. 3375; reen. R.C. & C.L., sec. 3403; C.S., sec. 6370; I.C.A., sec. 44-901.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 10 - MORTGAGE OF REAL PROPERTY › Section 45-1002 - INDEPENDENT DEFEASANCE TO BE RECORDED.

45-1002. INDEPENDENT DEFEASANCE TO BE RECORDED. When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, is recorded in the office of the county recorder of the county where the property is situated.
History:
[(45-1002) R.S., sec. 3376; reen. R.C. & C.L., sec. 3404; C.S., sec. 6371; I.C.A., sec. 44-902.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 10 - MORTGAGE OF REAL PROPERTY › Section 45-1003 - ACKNOWLEDGMENT AND RECORDATION.

45-1003. ACKNOWLEDGMENT AND RECORDATION. Mortgages, and deeds of trust or transfers in trust of real property may be acknowledged or proved, certified and recorded, in like manner and with like effect as grants and conveyances thereof.
History:
[(45-1003) R.S., sec. 3377; reen. R.C. & C.L., sec. 3405; C.S., sec. 6372; I.C.A., sec. 44-903; am. 1957, ch. 181, sec. 22, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 11 - AIRCRAFT IMPROVEMENT LIENS › Section 45-1102 - SURRENDER OF POSSESSION — STATUTORY LIEN.

45-1102. SURRENDER OF POSSESSION — STATUTORY LIEN. (1) Any person, firm, or corporation who expends labor, skill, or materials upon an aircraft, aircraft engines, propellers, appliances, or spare parts, at the request of its owner, reputed owner, or authorized agent of the owner, or lawful possessor of the aircraft, has a lien upon the aircraft, or related equipment, for the contract price of the expenditure, or in the absence of a contract price, for the reasonable value of the expenditure.
(2) The statutory lien created pursuant to this section:
(a) Is applicable to any civil aircraft engine, aircraft propeller, or aircraft appliance which is capable of having the ownership, or an interest in the ownership, affected by a conveyance, recorded at the federal aviation administration (FAA) aircraft registry;
(b) Is not dependent upon possession by the repairperson of the property which is subject to the lien;
(c) Is dependent upon the recordation of the lien at the FAA aircraft registry in accordance with section 45-1103, Idaho Code;
(d) Must be created by written contract between the parties, and any subsequent oral or written modifications thereto. The written contract must be signed by the customer, and predate the commencement of work for which the lien is applicable.
History:
[45-1102, added 2002, ch. 371, sec. 1, p. 1043.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 11 - AIRCRAFT IMPROVEMENT LIENS › Section 45-1103 - NOTICE OF LIEN — RECORDATION.

45-1103. NOTICE OF LIEN — RECORDATION. The statutory lien created pursuant to section 45-1102, Idaho Code:
(1) Is not valid unless and until it is recorded with the FAA aircraft registry in the manner and in the form generally required for the "Recording of Aircraft Titles and Security Documents" pursuant to 14 CFR 49.
(2) Is valid upon recordation by the FAA aircraft registry of a written document entitled "NOTICE OF AIRCRAFT LIEN." This document shall:
(a) Be signed by the repairperson or by a duly authorized agent or attorney of the repairperson; and
(b) Be verified by the person signing the notice of lien upon that person’s personal knowledge of the matters stated in the notice of lien, and which shall affirmatively state: "I declare under penalty of perjury, in accordance with the laws of the state of Idaho and of the laws of the United States of America, that the matters stated herein are true and correct upon my information and belief."
(c) Contain the date and place of signing of the notice of lien.
(3) The notice of lien referred to in subsection (2) of this section shall contain the following information:
(a) The United States registration number, make, model and serial number of the aircraft subject to the lien;
(b) The name of the manufacturer, the model, and the serial number of all applicable engines, propellers or appliances subject to the lien, to the extent they are not otherwise identifiable merely by reference to the aircraft registration number;
(c) The name, address and business telephone number of the repairperson asserting the lien;
(d) The name, address and business telephone number of the registered owner of the civil aircraft or other property subject to the lien;
(e) The name, address and business telephone number of the person consenting to the performance of the work giving rise to the lien;
(f) The amount of the lien, exclusive of prospective storage costs;
(g) A narrative statement describing the nature of the work accomplished;
(h) The affirmative statement that a copy of the notice of lien is concurrently being sent by United States mail, certified, return receipt requested, or equivalent private courier service that provides evidence of date of delivery of mail, to both the registered owner and to the person consenting to the work;
(i) The date of last services or materials provided.
(4) No notice of lien pursuant to subsection (2) of this section is valid unless it is presented for recording at the FAA registry within one hundred eighty (180) days of the completion of the work giving rise to the lien.
History:
[45-1103, added 2002, ch. 371, sec. 1, p. 1043.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 11 - AIRCRAFT IMPROVEMENT LIENS › Section 45-1104 - PERSONS CONSIDERED OWNER OF AIRCRAFT OR RELATED EQUIPMENT, OR AUTHORIZED AGENT OF OWNER.

45-1104. PERSONS CONSIDERED OWNER OF AIRCRAFT OR RELATED EQUIPMENT, OR AUTHORIZED AGENT OF OWNER. The following persons are considered the owner of an aircraft or related equipment, or the authorized agent of the owner, for the purposes of this chapter:
(1) A person in possession of the aircraft or related equipment under an agreement to purchase it, whether title to the aircraft or related equipment is in the possession of the person or the vendor;
(2) A person in lawful possession of the aircraft or related equipment.
History:
[45-1104, added 2002, ch. 371, sec. 1, p. 1044.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 11 - AIRCRAFT IMPROVEMENT LIENS › Section 45-1105 - PRIORITY.

45-1105. PRIORITY. A lien under section 45-1102, Idaho Code, when recorded in accordance with section 45-1103, Idaho Code, is superior to and preferred to:
(1) A lien, mortgage or encumbrance that attaches to the aircraft, or related equipment, after recording of the notice of lien under section 45-1103, Idaho Code.
(2) A prior lien, mortgage or other encumbrance, when the person furnishing the materials or performing the services did not have actual or constructive notice of the prior lien, mortgage or encumbrance, or the prior lien, mortgage or encumbrance was not recorded or filed in the manner provided by law.
(3) A lien that attaches to the aircraft or equipment on the basis of a security interest, if, prior to the expenditure of labor, skill or materials upon the aircraft or equipment, the person planning to make the expenditure gives notice of that intention by United States mail, certified, return receipt requested, or equivalent private courier service that provides evidence of date of delivery of mail, to any holder of a security interest of record at the FAA prior to commencing such expenditure by sending such notice to the address of the holder of the security interest listed in the FAA record of lien, and the holder of the security interest does not respond within three (3) days of receipt of notice noting its opposition to the making of such an expenditure of labor, skill or materials.
History:
[45-1105, added 2002, ch. 371, sec. 1, p. 1044.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 11 - AIRCRAFT IMPROVEMENT LIENS › Section 45-1106 - ENFORCEMENT OF LIEN.

45-1106. ENFORCEMENT OF LIEN. (1) A suit to enforce a lien described in section 45-1102, Idaho Code, must be brought within twelve (12) months after the lien is recorded.
(2) The practice and procedure to enforce a lien shall be governed by the law applicable to the foreclosure of mechanics’ and materialmen’s liens provided however, that notice requirements shall also extend to secured parties or lienholders of record with the federal aviation administration.
(3) Any judgment entered by the court shall be deemed to be a "conveyance" within the meaning of subsection (a)(19) of 49 U.S.C. section 40102, and shall be recordable at the FAA aircraft registry pursuant to 14 CFR 49.17.
History:
[45-1106, added 2002, ch. 371, sec. 1, p. 1045.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 11 - AIRCRAFT IMPROVEMENT LIENS › Section 45-1107 - RELEASE OR DISCHARGE OF LIEN.

45-1107. RELEASE OR DISCHARGE OF LIEN. A lien under this chapter shall be released and discharged by the lien claimant or the agent of the lien claimant in accordance with the regulations of the federal aviation administration.
History:
[45-1107, added 2002, ch. 371, sec. 1, p. 1045.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 12 - RECONVEYANCE › Section 45-1201 - DEFINITIONS.

45-1201. DEFINITIONS. As used in this chapter:
(1) "Beneficiary" means both the record owner of the beneficiary’s interest under a trust deed, including successors in interest.
(2) "Reconveyance" or "reconvey" means a reconveyance of a trust deed.
(3) "Satisfactory evidence" of the full payment of an obligation secured by a trust deed means a payoff letter, the original cancelled check or a copy, including a voucher copy, of a check, payable to the beneficiary or a servicer, and reasonable documentary evidence that the check was intended to effect full payment under the trust deed or an encumbrance upon the property covered by the trust deed.
(4) "Servicer" means a person or entity that collects loan payments on behalf of a beneficiary.
(5) "Title agent" means a title insurance agent duly licensed as an organization under chapter 27, title 41, Idaho Code.
(6) "Title insurer" means a title insurer duly authorized to conduct business in the state of Idaho under title 41, Idaho Code.
(7) "Trust deed" means a trust deed as defined in section 45-1502, Idaho Code.
History:
[45-1201, added 1995, ch. 326, sec. 1, p. 1092.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 12 - RECONVEYANCE › Section 45-1202 - CONDITIONS TO RECONVEYANCE.

45-1202. CONDITIONS TO RECONVEYANCE. A title insurer or title agent may reconvey a trust deed pursuant to the procedure prescribed in section 45-1203, Idaho Code, if the obligation secured by the trust deed shall have been fully paid by the title insurer or title agent that is permitted to reconvey the trust deed pursuant to section 45-1203, Idaho Code, or such title insurer or title agent shall possess satisfactory evidence of such payment in full. A title insurer or title agent may provide a reconveyance under section 45-1203, Idaho Code, whether or not it is then named as trustee under a trust deed.
History:
[45-1202, added 1995, ch. 326, sec. 1, p. 1093.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 12 - RECONVEYANCE › Section 45-1204 - OBJECTIONS TO RECONVEYANCES.

45-1204. OBJECTIONS TO RECONVEYANCES. The title insurer or title agent shall not record a reconveyance of a trust deed if, prior to the expiration of the sixty (60) day period specified in section 45-1203(2), Idaho Code, the title insurer or title agent receives a notice on behalf of the beneficiary or servicer stating that the trust deed continues to secure an obligation or otherwise objecting to reconveyance of the trust deed.
History:
[45-1204, added 1995, ch. 326, sec. 1, p. 1095.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 12 - RECONVEYANCE › Section 45-1205 - LIABILITY OF TITLE INSURANCE AGENT OR UNDERWRITER.

45-1205. LIABILITY OF TITLE INSURANCE AGENT OR UNDERWRITER. In the event that a trust deed is reconveyed by a title insurer or title agent purporting to act under the provisions of this chapter, but the obligation secured by the trust deed has not been fully paid, the title insurer or title agent effecting such reconveyance shall be liable to the beneficiary of the trust deed for the damages suffered as a result of such improper reconveyance only if the title insurer or title agent failed to substantially comply with the provisions of section 45-1203 or 45-1204, Idaho Code, or acted with negligence or in bad faith in reconveying the trust deed.
History:
[45-1205, added 1995, ch. 326, sec. 1, p. 1095.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 12 - RECONVEYANCE › Section 45-1206 - PAYOFFS PRIOR TO EFFECTIVE DATE.

45-1206. PAYOFFS PRIOR TO EFFECTIVE DATE. The reconveyance procedure prescribed in sections 45-1201 through 45-1205, Idaho Code, shall apply to obligations secured by trust deeds that were paid either prior to or following the effective date of this section.
History:
[45-1206, added 1995, ch. 326, sec. 1, p. 1095.]