Idaho § 45-1205 LIABILITY OF TITLE INSURANCE AGENT OR UNDERWRITER

Idaho Statutes

§ 45-1205 — LIABILITY OF TITLE INSURANCE AGENT OR UNDERWRITER

Idaho § 45-1205

Title 45LIENS, MORTGAGES AND PLEDGES

Ch. 12RECONVEYANCE

This text of Idaho § 45-1205 (LIABILITY OF TITLE INSURANCE AGENT OR UNDERWRITER) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 45-1205 (2026).

Text

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.

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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.