28-43-303. DEBT SECURED BY CROSS-COLLATERAL. (1) If debts arising from two (2) or more regulated consumer credit sales, except sales pursuant to open-end credit, are secured by cross-collateral, section 28-43-302, Idaho Code, or consolidated into one (1) debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debt originally incurred with respect to each item is paid.
(2) Payments received by the seller upon an open-end consumer credit account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of finance charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.
(3) If the debts consolidated arose from two (2) or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the smallest debt.
History:
[28-43-303, added 1983, ch. 119, sec. 3, p. 283.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES
Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS
Section 28-43-301 - SECURITY IN SALES.
Section 28-43-302 - CROSS-COLLATERAL.
Section 28-43-303 - DEBT SECURED BY CROSS-COLLATERAL.
Section 28-43-304 - NO ASSIGNMENT OF EARNINGS.
Section 28-43-305 - AUTHORIZATION TO CONFESS JUDGMENT PROHIBITED.
Section 28-43-306 - CERTAIN NEGOTIABLE INSTRUMENTS PROHIBITED.
Section 28-43-307 - BALLOON PAYMENTS.
Section 28-43-308 - REFERRAL SALES.
Section 28-43-309 - RESTRICTIONS ON INTEREST IN LAND AS SECURITY.
Section 28-43-310 - REGULAR SCHEDULE OF PAYMENTS — MAXIMUM LOAN TERM.