Idaho § 45-1302 DETERMINATION OF ALL RIGHTS UPON FORECLOSURE PROCEEDINGS

Idaho Statutes

§ 45-1302 — DETERMINATION OF ALL RIGHTS UPON FORECLOSURE PROCEEDINGS

Idaho § 45-1302

Title 45LIENS, MORTGAGES AND PLEDGES

Ch. 13GENERAL PROVISIONS RELATING TO ENFORCEMENT OF LIENS AND MORTGAGES

This text of Idaho § 45-1302 (DETERMINATION OF ALL RIGHTS UPON FORECLOSURE PROCEEDINGS) 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 § 45-1302 (2026).

Text

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.

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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.

Legislative 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.]