45-904. TRANSFERS DEEMED MORTGAGES. Every transfer of an interest in property other than in trust to secure the performance of any obligation of the trustor or other person named in the trust instrument, made only as a security for the performance of another act, is to be deemed a mortgage.
History:
[(45-904) R.S., sec. 3353; reen. R.C. & C.L., sec. 3391; C.S., sec. 6358; I.C.A., sec. 44-804; am. 1957, ch. 181, sec. 18, p. 345; am. 1967, ch. 272, sec. 13, p. 745.]
Structure Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Chapter 9 - MORTGAGES IN GENERAL
Section 45-901 - MORTGAGE DEFINED.
Section 45-902 - MORTGAGE MUST BE IN WRITING.
Section 45-903 - LIEN OF MORTGAGE IS SPECIAL.
Section 45-904 - TRANSFERS DEEMED MORTGAGES.
Section 45-905 - DEFEASANCE MAY BE SHOWN BY PAROL.
Section 45-906 - EXTENT OF MORTGAGE LIEN.
Section 45-907 - SUBSEQUENT TITLE INURES TO MORTGAGEE.
Section 45-908 - POWER OF ATTORNEY TO MORTGAGE.
Section 45-909 - RECORDING ASSIGNMENT OF MORTGAGE.
Section 45-910 - RECORD OF ASSIGNMENT NOT NOTICE TO MORTGAGOR.
Section 45-911 - ASSIGNMENT OF DEBT CARRIES SECURITY.
Section 45-912 - MARGINAL DISCHARGE OF MORTGAGE.
Section 45-913 - DISCHARGE OF MORTGAGE ON CERTIFICATE.
Section 45-914 - RECORD OF DISCHARGE.
Section 45-915 - MORTGAGE — SATISFACTION — FAILURE TO RELEASE OF RECORD — PENALTY.