45-1504. TRUSTEE OF TRUST DEED — WHO MAY SERVE — SUCCESSORS. (1) The trustee of a trust deed under this act shall be:
(a) Any member of the Idaho state bar;
(b) Any bank or savings and loan association authorized to do business under the laws of Idaho or the United States;
(c) An authorized trust institution having a charter under chapter 32, title 26, Idaho Code, or any corporation authorized to conduct a trust business under the laws of the United States; or
(d) A licensed title insurance agent or title insurance company authorized to transact business under the laws of the state of Idaho.
(2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee.
History:
[45-1504, added 1957, ch. 181, sec. 4, p. 345; am. 1969, ch. 155, sec. 1, p. 482; am. 1983, ch. 190, sec. 2, p. 515; am. 2005, ch. 236, sec. 3, p. 726.]
Structure Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Section 45-1502 - DEFINITIONS — TRUSTEE’S CHARGE.
Section 45-1503 - TRANSFERS IN TRUST TO SECURE OBLIGATION — FORECLOSURE.
Section 45-1504 - TRUSTEE OF TRUST DEED — WHO MAY SERVE — SUCCESSORS.
Section 45-1505 - FORECLOSURE OF TRUST DEED, WHEN.
Section 45-1506 - MANNER OF FORECLOSURE — NOTICE — SALE.
Section 45-1506A - RESCHEDULED SALE — ORIGINAL SALE BARRED BY STAY — NOTICE OF RESCHEDULED SALE.
Section 45-1506B - POSTPONEMENT OF SALE — INTERVENTION OF STAY.
Section 45-1506C - SUPPLEMENTAL NOTICE — OPPORTUNITY TO REQUEST LOAN MODIFICATION.
Section 45-1507 - PROCEEDS OF SALE — DISPOSITION.
Section 45-1508 - FINALITY OF SALE.
Section 45-1509 - TRUSTEE’S DEED — FORM AND CONTENTS.
Section 45-1510 - TRUSTEE’S DEED — RECORDING — EFFECT.
Section 45-1512 - MONEY JUDGMENT — ACTION SEEKING BALANCE DUE ON OBLIGATION.
Section 45-1513 - TRANSFERS AND TRUSTS ARE CONVEYANCES.
Section 45-1514 - RECONVEYANCE UPON SATISFACTION OF OBLIGATION.