45-1512. MONEY JUDGMENT — ACTION SEEKING BALANCE DUE ON OBLIGATION. At any time within 3 months after any sale under a deed of trust, as hereinbefore provided, a money judgment may be sought for the balance due upon the obligation for which such deed of trust was given as security, and in such action the plaintiff shall set forth in his complaint the entire amount of indebtedness which was secured by such deed of trust and the amount for which the same was sold and the fair market value at the date of sale, together with interest from such date of sale, costs of sale and attorney’s fees. Before rendering judgment the court shall find the fair market value of the real property sold at the time of sale. The court may not render judgment for more than the amount by which the entire amount of indebtedness due at the time of sale exceeds the fair market value at that time, with interest from date of sale, but in no event may the judgment exceed the difference between the amount for which such property was sold and the entire amount of the indebtedness secured by the deed of trust.
History:
[45-1512, added 1957, ch. 181, sec. 12, p. 345.]
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.