Idaho Statutes
§ 55-1005 — TO WHAT JUDGMENTS SUBJECT
The homestead is subject to execution or forced sale in satisfaction of judgments obtained:
(1)Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective.
(2)On debts secured by mechanic’s, laborer’s or vendor’s lien upon the premises.
(3)On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant.
(4)On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.
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Related
Messenger v. Burns
382 P.2d 913 (Idaho Supreme Court, 1963)
Idaho Falls Consolidated Hospitals, Inc. v. Board of Commissioners
712 P.2d 582 (Idaho Supreme Court, 1985)
University of Utah Hospital Ex Rel. Scarberry v. Board of County Commissioners
776 P.2d 443 (Idaho Supreme Court, 1989)
Federal Land Bank v. Parsons
796 P.2d 533 (Idaho Court of Appeals, 1990)
In Re Smith
366 F. Supp. 1213 (D. Idaho, 1973)
Wetzel v. Idaho State Bank
366 F. Supp. 1213 (D. Idaho, 1973)
Legislative History
[55-1005, added 1989, ch. 371, sec. 2, p. 935.]
Nearby Sections
15
§ 55-1001
DEFINITIONS§ 55-1002
FROM WHAT PROPERTY SELECTED§ 55-1003
HOMESTEAD EXEMPTION LIMITED§ 55-1004
AUTOMATIC HOMESTEAD EXEMPTION — CONDITIONS — DECLARATION OF HOMESTEAD — DECLARATION OF ABANDONMENT§ 55-1005
TO WHAT JUDGMENTS SUBJECT§ 55-101
REAL PROPERTY DEFINED§ 55-1010
LIABILITY FOR DEBTS OF OWNER§ 55-101A
“LANDS” DEFINED§ 55-101B
“CONDOMINIUM” DEFINED§ 55-102
PERSONAL PROPERTY DEFINED