45-913. DISCHARGE OF MORTGAGE ON CERTIFICATE. A recorded mortgage if not discharged as provided in the preceding section, must be discharged upon the record by the officer having custody thereof, on the presentation to him of a certificate signed by the mortgagee, his personal representative or assigns, acknowledged or proved and certified as prescribed by the chapter on recording transfers, stating that the mortgage has been paid, satisfied or discharged: provided, that whenever a bank or the person appointed to liquidate the affairs of a bank as provided in section 26-908, has failed or neglected to issue a certificate showing the release, discharge or satisfaction of a real mortgage, the director of the department of finance, or his successor in office, may, upon the request of the owner, or any subsequent owner, or party in interest, issue to such party his certificate showing such mortgage to have been paid, discharged or satisfied even though the affairs of said bank have been completely liquidated.
History:
[(45-913) 1863, p. 528, sec. 37; R.S., sec. 3362; am. 1895, p. 54, sec. 2; reen. 1899, p. 249, sec. 2; reen. R.C. & C.L., sec. 3400; C.S., sec. 6367; I.C.A., sec. 44-813; am. 1945, ch. 91, sec. 1, p. 140; am. 1967, ch. 272, sec. 16, 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.