6-101. PROCEEDINGS IN FORECLOSURE — CONSTRUCTION OF SECTION — MEANING OF "ACTION" — EFFECT OF FORECLOSURE ON HOLDER OF UNRECORDED LIEN. (1) There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate which action must be in accordance with the provisions […]
6-102. DISPOSITION OF SURPLUS MONEY. If there be surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in court. History: [(6-102) C.C.P. […]
6-103. PARTIAL SALES. If the debt for which the mortgage, lien or encumbrance is held is not all due, but is payable in instalments, whether such debt be evidenced by one (1) or more principal notes or otherwise, such mortgage, lien or encumbrance may be foreclosed, at the election of the holder thereof, for the […]
6-104. MORTGAGE NOT A CONVEYANCE. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale. History: [(6-104) R.S. 1887, R.C., & C.L., sec. 4523; C.S., sec. 6952; I.C.A., sec. 9-104.]
6-105. EXECUTION UNDER FORECLOSURE ON PROPERTY IN MORE THAN ONE COUNTY. In all actions to foreclose a mortgage or other lien upon real property, where such real property is situated partly in one county and partly in another county, within the state of Idaho, the sheriff of the county in which such action is commenced […]
6-106. DUTY OF CLERK ON RETURN OF EXECUTION. Upon the return of such execution by the sheriff, the clerk of the district court issuing the same shall file such execution as in other cases, and as county recorder shall record said execution and return as in other cases of sales of real property. Immediately after […]
6-107. CERTIFICATES OF SALE. The said sheriff making such sale shall make as many certificates of such sale as there are counties in which such real property is situated, adding a sufficient number to deliver one to each purchaser of such real property. The sheriff shall deliver one of such certificates to each purchaser of […]
6-108. DEFICIENCY JUDGMENTS — AMOUNT RESTRICTED. No court in the state of Idaho shall have jurisdiction to enter a deficiency judgment in any case involving a foreclosure of a mortgage on real property in any amount greater than the difference between the mortgage indebtedness, as determined by the decree, plus costs of foreclosure and sale, […]
