Title 45, LIENS, MORTGAGES AND PLEDGES

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…

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, co…

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…

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.

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.

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 …

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.

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 recove…

45-805. Liens for services on or caring for property. (a) Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor, or skill, employed for the protection, improvement, safekeeping, or carriage thereof, h…

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 …

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.

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.

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…

45-811. NONCONSENSUAL COMMON LAW LIENS PROHIBITED. (1) For purposes of this section, "nonconsensual common law lien" means a lien that: (a) Is not provided for by a specific state or federal statute; (b) Does not depend upon the consent of the owner of the property affected for i…

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.

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.

45-903. LIEN OF MORTGAGE IS SPECIAL. The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.

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 …

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 purch…

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

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.

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.

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.

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.

45-911. ASSIGNMENT OF DEBT CARRIES SECURITY. The assignment of a debt secured by mortgage carries with it the security.

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 …

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 re…

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 …

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 o…

45-916. APPLICATION TO REAL PROPERTY ONLY. The provisions of this chapter shall apply to mortgages of real property only.

45-1001. WHAT MAY BE MORTGAGED. Any interest in real property which is capable of being transferred may be mortgaged.

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 h…

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.

45-1004. RECORDING MASTER FORMS -- INCORPORATION OF PROVISIONS INTO MORTGAGES BY REFERENCE -- RECORDING FEES. (1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the office…

45-1101. AIRCRAFT IMPROVEMENT LIEN -- SPECIAL LIEN DEPENDENT UPON POSSESSION. (1) Any person, firm, or corporation who expends labor, skill, or materials upon an aircraft, aircraft engines, propellers, appliances, spare parts, or related equipment, at the request of its owner, re…

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…

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 S…

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…

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 li…

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 o…

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.

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 t…

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 pe…

45-1203. PROCEDURE FOR RECONVEYANCE. A title insurer or title agent may execute and record a reconveyance of a trust deed upon compliance with the following procedure: (1) Not less than thirty (30) days after payment in full of the obligation secured by the trust deed and receipt…

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 behal…

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 insur…