reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 13 - GENERAL PROVISIONS RELATING TO ENFORCEMENT OF LIENS AND MORTGAGES › Section 45-1302 - DETERMINATION OF ALL RIGHTS UPON FORECLOSURE PROCEEDINGS.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 13 - GENERAL PROVISIONS RELATING TO ENFORCEMENT OF LIENS AND MORTGAGES › Section 45-1303 - VALIDATION OF FORMER PROCEEDINGS TO QUIET TITLE.

45-1303. VALIDATION OF FORMER PROCEEDINGS TO QUIET TITLE. All proceedings heretofore taken in any suit for the foreclosure of a mortgage or lien upon real property, and all judgments and decrees made, filed and docketed under such proceedings, and wherein the plaintiff, cross-complainant or plaintiff in intervention has quieted the title in such action or proceeding in conformity to the intent of section 45-1302, are hereby validated.
History:
[45-1303, added 1929, ch. 113, sec. 2, p. 182; I.C.A., sec. 44-1105.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1504 - TRUSTEE OF TRUST DEED — WHO MAY SERVE — SUCCESSORS.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1506A - RESCHEDULED SALE — ORIGINAL SALE BARRED BY STAY — NOTICE OF RESCHEDULED SALE.

45-1506A. RESCHEDULED SALE — ORIGINAL SALE BARRED BY STAY — NOTICE OF RESCHEDULED SALE. (1) In the event a sale cannot be held at the time scheduled by reason of automatic stay provisions of the U.S. bankruptcy code (11 U.S.C. 362), or a stay order issued by any court of competent jurisdiction, then the sale may be rescheduled and conducted following expiration or termination of the effect of the stay in the manner provided in this section.
(2) Notice of the rescheduled sale shall be given at least thirty (30) days before the day of the rescheduled sale by registered or certified mail to the last known address of all persons who were entitled to notice by mail of the original sale and to any person who shall have recorded a request for notice of sale at least forty-five (45) days prior to the rescheduled sale date in the form and manner required by section 45-1511, Idaho Code, provided that recording the request prior to notice of default is, for the purposes of this section only, waived.
(3) Notice of the rescheduled sale shall be published in the newspaper of original publication once a week for three (3) successive weeks, making three (3) publishings in all, with the last publication to be at least ten (10) days prior to the day of sale.
(4) The trustee shall make an affidavit stating that he or she has complied with subsections (2) and (3) of this section. The trustee shall make the above affidavit available for inspection at the time of the rescheduled sale together with any affidavit of mailing and posting, when required, which was not of record as required by subsection (7) of section 45-1506, Idaho Code, when the stay became effective. The affidavit or affidavits shall be attached to or incorporated in the trustee’s deed.
History:
[45-1506A, added 1983, ch. 190, sec. 4, p. 518; am. 1987, ch. 166, sec. 1, p. 327.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1506B - POSTPONEMENT OF SALE — INTERVENTION OF STAY.

45-1506B. POSTPONEMENT OF SALE — INTERVENTION OF STAY. (1) If a stay as set out in subsection (1) of section 45-1506A, Idaho Code, which would otherwise have stopped a foreclosure sale is terminated or lifted prior to the date of sale, then any person having a right to reinstate the deed of trust pursuant to subsection (12) of section 45-1506, Idaho Code, may request the trustee to postpone the sale for a period of time which shall allow at least one hundred fifteen (115) days to elapse from the recording of the notice of default to the rescheduled date of sale exclusive of the period of time during which such stay was in effect.
(2) Written request for postponement must be served upon the trustee prior to the time set for the original sale.
(3) If the foreclosure has proceeded in compliance with all requirements of subsections (2) through and including (6), of section 45-1506, Idaho Code, prior to the intervention of the stay, then at the time appointed for the original sale, the trustee shall announce the date and time of the rescheduled sale to be conducted at the place originally scheduled and no further or additional notice of any kind shall be required.
(4) If the foreclosure has proceeded in compliance with subsections (2) through and including (5), of section 45-1506, Idaho Code, prior to the intervention of the stay, then the foreclosure process may be resumed if timely compliance can be had with publication of the original notice of sale under subsection (6) of section 45-1506, Idaho Code. If timely compliance under subsection (6) of section 45-1506, Idaho Code, is not possible, the partially completed foreclosure process shall be discontinued and any further sale proceeding shall require new compliance with all notice of sale procedures as provided in section 45-1506, Idaho Code.
(5) Nothing in this section shall be construed to create a right to cure the default and reinstate the deed of trust under subsection (12) of section 45-1506, Idaho Code, for a period of time longer than one hundred fifteen (115) days from the recording of the notice of default exclusive of the time during which a stay is in effect and if no request is made to postpone the sale under the circumstances provided in this section, the computation of time under this chapter shall be deemed unaffected by any intervening stay.
History:
[45-1506B, added 1983, ch. 190, sec. 5, p. 519.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1507 - PROCEEDS OF SALE — DISPOSITION.

45-1507. PROCEEDS OF SALE — DISPOSITION. The trustee shall apply the proceeds of the trustee’s sale as follows:
(1) To the expenses of the sale, including a reasonable charge by the trustee and a reasonable attorney’s fee.
(2) To the obligation secured by the trust deed.
(3) To any persons having recorded liens subsequent to the interest of the trustee in the trust deed as their interests may appear.
(4) The surplus, if any, to the grantor of the trust deed or to his successor in interest entitled to such surplus.
History:
[45-1507, added 1957, ch. 181, sec. 7, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1508 - FINALITY OF SALE.

45-1508. FINALITY OF SALE. A sale made by a trustee under this act shall foreclose and terminate all interest in the property covered by the trust deed of all persons to whom notice is given under section 45-1506, Idaho Code, and of any other person claiming by, through or under such persons and such persons shall have no right to redeem the property from the purchaser at the trustee’s sale. The failure to give notice to any of such persons by mailing, personal service, posting or publication in accordance with section 45-1506, Idaho Code, shall not affect the validity of the sale as to persons so notified nor as to any such persons having actual knowledge of the sale. Furthermore, any failure to comply with the provisions of section 45-1506, Idaho Code, shall not affect the validity of a sale in favor of a purchaser in good faith for value at or after such sale, or any successor in interest thereof.
History:
[45-1508, added 1957, ch. 181, sec. 8, p. 345; am. 1990, ch. 401, sec. 3, p. 1126.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1509 - TRUSTEE’S DEED — FORM AND CONTENTS.

45-1509. TRUSTEE’S DEED — FORM AND CONTENTS. (1) The trustee’s deed to the purchaser at the trustee’s sale under this act shall conform to the requirements of subsection (2) of this section.
(2) The trustee’s deed shall contain, in addition to a description of the property conveyed, a recital of the facts concerning the default, the mailing and the publication of the notice of sale, the conduct of the sale and the receipt of the purchase money from the purchaser.
History:
[45-1509, added 1957, ch. 181, sec. 9, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1511 - REQUEST FOR COPY OF NOTICE OF DEFAULT OR NOTICE OF SALE — MARGINAL RECORDATION THEREOF.

45-1511. REQUEST FOR COPY OF NOTICE OF DEFAULT OR NOTICE OF SALE — MARGINAL RECORDATION THEREOF. Any person desiring a copy of any notice of default or any notice of sale under a deed of trust, as hereinbefore provided, at any time subsequent to the recordation of such deed of trust and prior to the recording of notice of default thereunder, may cause to be filed for record in the office of the recorder of the county or counties in which any part or parcel of the real property is situated a duly acknowledged request for a copy of any such notice of sale or default showing service upon such trustee. The request shall set forth the name and address of the person requesting copies of such notice or notices and shall identify the deed of trust by stating the names of the parties thereto, the date of recordation and the book and page where the same is recorded and the recorder’s instrument number. The recorder shall immediately enter on the margin of the record of the deed of trust therein referred to that such request is recorded at a certain book and page in the records of his office; no request or any statement therein contained or the record thereof shall affect the title to said property or be deemed notice to any person that any person so recording such request has any right, title or interest in or lien or charge upon the property in the deed of trust referred to therein.
History:
[45-1511, added 1957, ch. 181, sec. 11, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1512 - MONEY JUDGMENT — ACTION SEEKING BALANCE DUE ON OBLIGATION.

45-1512. MONEY JUDGMENT — ACTION SEEKING BALANCE DUE ON OBLIGATION. At any time within 3 months after any sale under a deed of trust, as hereinbefore provided, a money judgment may be sought for the balance due upon the obligation for which such deed of trust was given as security, and in such action the plaintiff shall set forth in his complaint the entire amount of indebtedness which was secured by such deed of trust and the amount for which the same was sold and the fair market value at the date of sale, together with interest from such date of sale, costs of sale and attorney’s fees. Before rendering judgment the court shall find the fair market value of the real property sold at the time of sale. The court may not render judgment for more than the amount by which the entire amount of indebtedness due at the time of sale exceeds the fair market value at that time, with interest from date of sale, but in no event may the judgment exceed the difference between the amount for which such property was sold and the entire amount of the indebtedness secured by the deed of trust.
History:
[45-1512, added 1957, ch. 181, sec. 12, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1513 - TRANSFERS AND TRUSTS ARE CONVEYANCES.

45-1513. TRANSFERS AND TRUSTS ARE CONVEYANCES. A deed of trust or transfer of any interest in real property in trust to secure the performance of any obligation shall be a conveyance of real property.
History:
[45-1513, added 1957, ch. 181, sec. 13, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1514 - RECONVEYANCE UPON SATISFACTION OF OBLIGATION.

45-1514. RECONVEYANCE UPON SATISFACTION OF OBLIGATION. Upon performance of the obligation secured by the deed of trust, the trustee upon written request of the beneficiary shall reconvey the estate of real property described in the deed of trust to the grantor; providing that in the event of such performance and the refusal of any beneficiary to so request or the trustee to so reconvey, as above provided, such beneficiary or trustee shall be liable as provided by law in the case of refusal to execute a discharge or satisfaction of a mortgage on real property.
History:
[45-1514, added 1957, ch. 181, sec. 14, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 15 - TRUST DEEDS › Section 45-1515 - TIME LIMITS FOR FORECLOSURE.

45-1515. TIME LIMITS FOR FORECLOSURE. The foreclosure of a trust deed by advertisement and sale shall be made and the foreclosure of a trust deed by judicial procedure shall be commenced within the time limited by the same period and according to the same provisions including extensions as provided by law for the foreclosure of a mortgage on real property.
History:
[45-1515, added 1957, ch. 181, sec. 15, p. 345.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 16 - CONSUMER FORECLOSURE PROTECTION ACT › Section 45-1601 - LEGISLATIVE FINDINGS.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 16 - CONSUMER FORECLOSURE PROTECTION ACT › Section 45-1602 - CONTRACT NOTICE.

45-1602. CONTRACT NOTICE. (1) During the foreclosure period described in section 45-1506, Idaho Code, any contract or agreement with the owner or owners of record that involves the transfer of any interest in residential real property, as defined in section 45-525(5)(b), Idaho Code, subject to foreclosure must be in writing and must be accompanied by the following notice in at least 12-point boldface type:
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.
You may find helpful information online. One excellent source is the Department of Housing and Urban Development (HUD) website. HUD maintains on its website a list of approved housing counselors who can provide free information to assist homeowners with financial problems. Another good source of information is found at the Office of the Idaho Attorney General’s website.
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.
(2) If during the foreclosure period described in section 45-1506, Idaho Code, any contract or agreement that involves the transfer of any interest in residential real property, as defined in section 45-525(5)(b), Idaho Code, was solicited, negotiated, or represented to the consumer in the Spanish language, the written notice to be provided to the consumer and 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.
History:
[45-1602, added 2008, ch. 192, sec. 1, p. 601; am. 2009, ch. 136, sec. 2, p. 418; am. 2023, ch. 266, sec. 2, p. 796.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 16 - CONSUMER FORECLOSURE PROTECTION ACT › Section 45-1603 - RIGHT OF RESCISSION OF CONTRACT.

45-1603. RIGHT OF RESCISSION OF CONTRACT. (1) In addition to any other legal right to cancel or rescind a contract, any person whose property is in foreclosure as described in section 45-1505, Idaho Code, has the right to cancel or rescind any and all contracts or agreements relating to such property entered into during the foreclosure period within five (5) business days of entering into such contract or agreement. Neither funds nor an interest in the property shall be transferred or transferable until the five (5) days have passed.
(2) Cancellation occurs when such person gives written notice of cancellation to all other parties to the contract. Notice of cancellation need not take any particular form and, however expressed, is effective if it indicates the intention not to be bound by the contract.
(3) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. Notice by certified mail, return receipt requested, addressed to the address specified in the contract or agreement, shall be conclusive proof of notice of service.
History:
[45-1603, added 2008, ch. 192, sec. 1, p. 602.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 16 - CONSUMER FORECLOSURE PROTECTION ACT › Section 45-1604 - EXCLUSIONS.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 16 - CONSUMER FORECLOSURE PROTECTION ACT › Section 45-1605 - PENALTIES.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1801 - DEFINITIONS.

45-1801. DEFINITIONS. As used in this chapter:
(1) "Agricultural product" means wheat, corn, oats, barley, rye, lentils, soybeans, grain sorghum, dry beans and peas, beans, safflower, sunflower seeds, tame mustards, rapeseed, flaxseed, leguminous seed or other small seed, or any other agricultural commodity, including any of the foregoing, whether cleaned, processed, treated, reconditioned or whether mixed, rolled or combined in any fashion or by any means to create a product used as animal, poultry or fish feed.
(2) "Agricultural commodity dealer" means any person who contracts for or solicits any agricultural product from an agricultural producer or negotiates the consignment or purchase of any agricultural product, or receives for sale, resale or shipment for storage, processing, cleaning or reconditioning, any agricultural product, or who buys during any calendar year, at least ten thousand dollars ($10,000) worth of agricultural products from the producer or producers of the commodity. Agricultural commodity dealer shall not mean a person who purchases agricultural products for his own use as seed or feed.
(3) "Agricultural commodity producer" means the owner, tenant or operator of land who receives all or part of the proceeds from the sale, under contract, bailment or otherwise, or delivery under contract or bailment, of agricultural products produced on that land.
(4) "Person" means an individual, trust, partnership, limited liability company, corporation, or unincorporated association or any other legal or commercial entity.
History:
[45-1801, added 1983, ch. 202, sec. 1, p. 549; am. 1989, ch. 265, sec. 1, p. 644; am. 2001, ch. 363, sec. 1, p. 1279; am. 2002, ch. 308, sec. 1, p. 878.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1802 - LIEN CREATED — WHO MAY HAVE.

45-1802. LIEN CREATED — WHO MAY HAVE. An agricultural commodity producer or an agricultural commodity dealer who sells, or delivers under contract or bailment, an agricultural product has a lien on the agricultural product or the proceeds of the sale of the agricultural product as provided in section 45-1804, Idaho Code. The lien created in this chapter may attach regardless of whether the purchaser uses the agricultural product purchased to increase the value of his livestock or whether he uses the agricultural product purchased to maintain the value, health or status of his livestock without actually increasing the value of his agricultural product.
History:
[45-1802, added 1983, ch. 202, sec. 1, p. 550; am. 1989, ch. 299, sec. 1, p. 746; am. 2000, ch. 339, sec. 1, p. 1133; am. 2001, ch. 363, sec. 2, p. 1279.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1803 - WHEN LIEN ATTACHES.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1804 - DURATION OF LIEN — NOTICE OF LIEN.

45-1804. DURATION OF LIEN — NOTICE OF LIEN. (1) The lien provided for by section 45-1802, Idaho Code, remains in effect for a period of one hundred eighty (180) days after the date of attachment, except as provided in subsection (2) of this section.
(2) The lien provided for by section 45-1802, Idaho Code, is continued for a period of one (1) year from the date of filing if a written notice of lien, on a form prescribed by the secretary of state, is filed with the secretary of state by the agricultural commodity producer or the agricultural commodity dealer within one hundred eighty (180) days after the date of attachment. The form for the notice of lien shall require the following information:
(a) A statement of the amount claimed by the agricultural commodity producer or agricultural commodity dealer after deducting all credits and offsets;
(b) The name, address and signature of the agricultural commodity producer or agricultural commodity dealer claiming the lien;
(c) The name and address of the person who purchased the agricultural product from the agricultural commodity producer or agricultural commodity dealer;
(d) A description of the agricultural product charged with the lien including crop year; and
(e) Such other information as the form prescribed by the secretary of state may require.
(3) The notice of lien shall be entered in a searchable database maintained by the secretary of state.
History:
[45-1804, added 1983, ch. 202, sec. 1, p. 550; am. 1989, ch. 4, sec. 1, p. 5; am. 1989, ch. 265, sec. 2, 645; am. 2000, ch. 339, sec. 2, p. 1133; am. 2001, ch. 363, sec. 3, p. 1280; am. 2002, ch. 308, sec. 3, p. 879.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1805 - PRIORITY OF LIEN.

45-1805. PRIORITY OF LIEN. The lien created by section 45-1802, Idaho Code, is preferred to a lien or security interest in favor of a creditor of the purchaser, regardless of whether the creditor’s lien or security interest attaches to the agricultural product or proceeds of the sale of the agricultural product before or after the date on which the lien created by section 45-1802, Idaho Code, attaches.
History:
[45-1805, added 1983, ch. 202, sec. 1, p. 550.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1806 - DISCHARGE OF LIEN.

45-1806. DISCHARGE OF LIEN. The lien created by section 45-1802, Idaho Code, is discharged when the lienholder receives full payment for the agricultural product. If payment is received in the form of a negotiable instrument, full payment is received when the negotiable instrument clears banking channels.
History:
[45-1806, added 1983, ch. 202, sec. 1, p. 551.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1807 - FILING NOTICE OF DISCHARGE.

45-1807. FILING NOTICE OF DISCHARGE. (1) If a notice of lien is filed pursuant to section 45-1804, Idaho Code, and the lienholder subsequently receives full payment, the lienholder shall file with the secretary of state a notice of discharge, signed by the lienholder, declaring that full payment has been received and that the lien is discharged.
(2) Upon receiving the notice, the secretary of state shall enter it in a searchable database kept to record such liens.
(3) If a lienholder, after receiving full payment, fails to file a notice of discharge of the lien within thirty (30) days after being requested in writing to do so, he is liable to the purchaser of the agricultural product for damages in the amount of three hundred dollars ($300).
History:
[45-1807, added 1983, ch. 202, sec. 1, p. 551; am. 2000, ch. 339, sec. 3, p. 1134.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1808 - FORM OF FILING WITH SECRETARY OF STATE — FEES.

45-1808. FORM OF FILING WITH SECRETARY OF STATE — FEES. The secretary of state shall prescribe the form of the filing provided for by sections 45-1804 and 45-1807, Idaho Code. The fee for the filing provided for by section 45-1804, Idaho Code shall be five dollars ($5.00). The fee for searching the database maintained by the secretary of state pursuant to this chapter shall be five dollars ($5.00). There shall be no fee for filing a notice of discharge pursuant to section 45-1807, Idaho Code.
History:
[45-1808, added 1983, ch. 202, sec. 1, p. 551; am. 1984, ch. 43, sec. 1, p. 71; am. 2000, ch. 339, sec. 4, p. 1134.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1809 - JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES.

45-1809. JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES. Any number of persons claiming liens against the same property under this chapter may join in the same action, and when separate actions are commenced, the court may consolidate them. The court shall also, as part of the cost, allow the moneys paid for filing and recording the claim, and a reasonable attorney’s fee for each person claiming a lien.
History:
[45-1809, added 1989, ch. 4, sec. 2, p. 6; 1989, ch. 265, sec. 3, p. 646.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 18 - AGRICULTURAL COMMODITY DEALER LIENS › Section 45-1810 - TRANSITION FROM COUNTY FILING TO FILING WITH THE SECRETARY OF STATE.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1901 - PURPOSE AND SCOPE.

45-1901. PURPOSE AND SCOPE. (1) The purpose of this chapter is to provide a system for filing notices of liens in favor of or enforced by the state of Idaho with the office of the secretary of state.
(2) The scope of this chapter is limited to liens in the real and personal property of:
(a) Taxpayers or other persons against whom the state tax commission has liens pursuant to title 63, Idaho Code, for unpaid personal or corporation income tax, sales tax, employee withholding taxes, fuel tax, or any other amounts due under statutes administered by the commission, plus interest, penalties and additional amounts;
(b) Persons against whom the department of labor has liens pursuant to chapter 13, title 72, Idaho Code, for unpaid employment security contributions, plus interest and penalties;
(c) Persons liable for overpayment of benefits against whom the department of labor has liens pursuant to chapter 13, title 72, Idaho Code, for overpayment of benefits, plus interest;
(d) Persons against whom the department of labor has liens for wage claims pursuant to chapter 6, title 45, Idaho Code;
(e) Individuals who are subject to liens for child support delinquency pursuant to chapter 12, title 7, Idaho Code; and
(f) Individuals who are subject to liens pursuant to chapter 2, title 56, Idaho Code, for medical assistance, or the estates of such individuals.
History:
[45-1901, added 1997, ch. 205, sec. 1, p. 607; am. 1999, ch. 51, sec. 25, p. 128.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1902 - DEFINITIONS.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1903 - CREATION OF LIEN — ATTACHMENT.

45-1903. CREATION OF LIEN — ATTACHMENT. Creation and attachment of liens for which notices are filed pursuant to this chapter are governed by the provisions of chapter 6 of title 45, title 63, chapter 13 of title 72, chapter 12 of title 7, and chapter 2 of title 56, Idaho Code.
History:
[45-1903, added 1997, ch. 205, sec. 1, p. 608; am. 1999, ch. 51, sec. 27, p. 129.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1904 - NOTICE OF LIEN — CONTENT — DELIVERY.

45-1904. NOTICE OF LIEN — CONTENT — DELIVERY. (1) The notice of lien shall include:
(a) The name and last known address of the debtor;
(b) The name and address of the filing agency;
(c) The basis for the lien, including, but not limited to, income tax, sales tax, employment security contributions, payments in lieu of contributions, overpayment of benefits, wage claims, a child support delinquency or medical assistance;
(d) Such other information as may be required by the relevant provisions under which the lien was created and attached, or as may be agreed by the filing agency and the secretary of state.
(2) The notice of lien will be delivered to and receipt will be acknowledged by the secretary of state in a medium and format to which the filing agency and the secretary of state have agreed.
(3) Each notice of lien shall be authenticated by the filing agency in a manner to which the filing agency and the secretary of state have agreed.
(4) A notice of lien is filed when it complies with subsection (1) of this section and has been delivered to and receipt acknowledged by the secretary of state.
History:
[45-1904, added 1997, ch. 205, sec. 1, p. 608; am. 1999, ch. 51, sec. 28, p. 129.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1905 - EFFECT OF NOTICE — PRIORITY.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1906 - DURATION OF NOTICE — LAPSE — CONTINUATION.

45-1906. DURATION OF NOTICE — LAPSE — CONTINUATION. (1) Except as provided in subsection (2) of this section, a notice of lien is effective for a period of five (5) years from the date of filing, unless sooner released by the filing agency. Effectiveness of the notice of lien lapses on the expiration of the five (5) year period unless a notice of continuation is filed prior to the lapse.
(2) A notice of lien for child support delinquency is effective until a notice of release of lien is filed by the department of health and welfare.
(3) Upon release or lapse of the notice’s effectiveness, the state lien becomes unperfected. In that case, the lien is deemed to have been unperfected as against a person who became a purchaser or lien creditor before the release or lapse.
(4) Except as to notices of lien filed pursuant to subsection (2) of this section, a notice of continuation of effectiveness of the notice of lien may be filed by the filing agency within six (6) months prior to the expiration of the five (5) year period specified in subsection (1) of this section. The notice of continuation will be delivered to and receipt acknowledged by the secretary of state in a medium and format to which the filing agency and the secretary of state have agreed, and shall be authenticated by the filing agency in a manner to which the filing agency and the secretary of state have agreed. Upon filing of the notice of continuation, the effectiveness of the original notice of lien is continued for five (5) years after the last date to which the notice of lien was effective, whereupon it lapses unless another notice of continuation is filed prior to such lapse.
History:
[45-1906, added 1997, ch. 205, sec. 1, p. 609.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1907 - AMENDMENT OF NOTICE OF LIEN.

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.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1908 - DUTY OF FILING AGENCY TO RELEASE UPON SATISFACTION.

45-1908. DUTY OF FILING AGENCY TO RELEASE UPON SATISFACTION. (1) Except as to a state lien for child support delinquency, when a state lien has been satisfied, the filing agency shall, within thirty (30) days after satisfaction, file with the secretary of state a notice of release of lien.
(2) As to a state lien for child support delinquency, the department of health and welfare shall file a notice of release of lien within thirty (30) days after:
(a) The delinquency has been satisfied; or
(b) The underlying lien is no longer valid.
(3) The notice of release will be delivered to and receipt acknowledged by the secretary of state in a medium and format to which the filing agency and the secretary of state have agreed, and shall be authenticated by the filing agency in a manner to which the filing agency and the secretary of state have agreed.
History:
[45-1908, added 1997, ch. 205, sec. 1, p. 610.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 19 - STATE LIENS › Section 45-1909 - DUTIES OF SECRETARY OF STATE.

45-1909. DUTIES OF SECRETARY OF STATE. (1) The secretary of state shall maintain notices of state lien in his information management system in a form that permits them to be reduced to written form.
(2) The secretary of state will provide information concerning state liens on the same conditions and in the same form as he provides information on financing statements pursuant to section 28-9-523, Idaho Code.
(3) The secretary of state will compile and publish a list of all effective notices of state lien which the filing agencies have identified as pertaining to debtors who are agricultural producers. The list will be published on the same schedule and conditions as the list of liens in farm crops which is published pursuant to section 45-312, Idaho Code. The list of notices of state lien may be appended to the list of liens in farm crops, and no fee shall be charged in addition to the fee for the list of liens in farm crops. Failure of a filing agency to identify a debtor as an agricultural producer shall not adversely affect perfection of a state lien for any purpose.
History:
[45-1909, added 1997, ch. 205, sec. 1, p. 610; am. 2001, ch. 208, sec. 28, p. 827.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-101 - NATIONAL DEFENSE ACT — DEFINITIONS.

46-101. NATIONAL DEFENSE ACT — DEFINITIONS. The state of Idaho does hereby accept the benefits and provisions of the national defense act, and it is the intent of this code to conform to all laws and regulations of the United States affecting the national guard.
DEFINITIONS. –As used in this code:
(a) "National guard" means the Idaho army national guard and the Idaho air national guard.
(b) "National defense act" means the federal law for making further and more effective provisions for the national defense and for other purposes approved June 3, 1916, (Title 32, United States Code) and any and all other acts that have been or may hereafter be enacted amendatory thereof and supplementary thereto.
(c) "Uniform code of military justice" means the law for the disciplining of the armed forces of the United States (Chapter 47, Title 10, United States Code).
(d) "Officer" means commissioned officers and warrant officers.
History:
[(46-101) 1927, ch. 261, sec. 1, p. 510; I.C.A., sec. 45-101; am. 1957, ch. 174, sec. 1, p. 312.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-102 - STATE MILITIA — MEMBERSHIP — EXEMPTIONS.

46-102. STATE MILITIA — MEMBERSHIP — EXEMPTIONS. The militia of the state of Idaho shall consist of all able-bodied citizens of the state, and all other able-bodied persons who have or shall have declared their intentions to become citizens of the United States and are residents of the state of Idaho; who shall be more than eighteen (18) years of age, and except as hereinafter provided, not more than forty-five (45) years of age, subject to the following exemptions:
1. Persons exempted from service in the militia by the constitution of the state of Idaho and by the laws of the United States from enlistment or draft into the regular army. Provided, however, that voluntary enlistments, with the written consent of the parent or guardian of any able-bodied citizen over the age of sixteen (16) years may be accepted and such enlistees inducted into the organized militia of the state of Idaho in time of war, and as classified in section 46-103, Idaho Code, except that the provision for the enlistment of able-bodied citizens under the age of eighteen (18) years will terminate six (6) months following the declaration of peace.
History:
[(46-102) 1927, ch. 261, sec. 2, p. 510; I.C.A., sec. 45-102; am. 1943, ch. 46, sec. 1, p. 92; am. 2008, ch. 126, sec. 1, p. 346.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-103 - STATE MILITIA — DIVISION INTO CLASSES.

46-103. STATE MILITIA — DIVISION INTO CLASSES. The militia of the state of Idaho shall be divided into three (3) classes, to wit:
The national guard, the organized militia, and the unorganized militia. The national guard shall consist of enlisted personnel between the ages of seventeen (17) and sixty-four (64), organized and equipped and armed as provided in the national defense act, and of commissioned officers between the ages of eighteen (18)and sixty-four (64) years, who shall be appointed and commissioned by the governor as commander-in-chief, in conformity with the provisions of the national defense act, the rules and regulations promulgated thereunder, and as authorized by the provisions of this act. The organized militia shall include any portion of the unorganized militia called into service by the governor, and not federally recognized. The unorganized militia shall include all of the militia of the state of Idaho not included in the national guard or the organized militia.
History:
[(46-103) 1927, ch. 261, sec. 3, p. 510; I.C.A., sec. 45-103; am. 1957, ch. 174, sec. 2, p. 312.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-104 - ENROLLMENT OF PERSONS LIABLE TO SERVICE — DUTY OF COUNTY ASSESSOR — PENALTY.

46-104. ENROLLMENT OF PERSONS LIABLE TO SERVICE — DUTY OF COUNTY ASSESSOR — PENALTY. Whenever the governor deems it necessary he may order a registration under such regulations as he may prescribe, to be made by the assessors of the various counties of this state, of all persons resident in their respective counties and liable to serve in the militia. Such registration shall be on blanks furnished by the adjutant general, and shall state the name, residence, age and occupation of the person registered and their military service.
If any assessor wilfully refuses or neglects to perform any duty which may be required of him by the governor under the authority of this chapter, he shall be deemed guilty of a misdemeanor and, on conviction thereof, he shall be fined in a sum of not less than $300.00 nor more than $800.00.
History:
[(46-104) 1927, ch. 261, sec. 7, p. 510; I.C.A., sec. 45-104; am. 1957, ch. 174, sec. 3, p. 312.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-106 - ORGANIZED MILITIA — ORGANIZATION WHEN CALLED INTO ACTIVE SERVICE.

46-106. ORGANIZED MILITIA — ORGANIZATION WHEN CALLED INTO ACTIVE SERVICE. Whenever the governor as commander-in-chief, shall call into the active service of the state the unorganized militia or any part thereof, it shall be organized into such units and shall be armed and equipped in such manner as the governor in his discretion shall deem proper. The officers thereof, shall be appointed and commissioned by the governor under such rules and regulations as he may deem expedient to promulgate.
History:
[(46-106) 1927, ch. 261, sec. 9, p. 510; I.C.A., sec. 45-106; am. 1957, ch. 174, sec. 5, p. 312.]