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 […]
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 […]
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 […]
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 […]
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: […]
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 […]
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, […]
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 […]
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 […]
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 […]