55-1005. TO WHAT JUDGMENTS SUBJECT. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:
(1) Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective.
(2) On debts secured by mechanic’s, laborer’s or vendor’s lien upon the premises.
(3) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant.
(4) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.
History:
[55-1005, added 1989, ch. 371, sec. 2, p. 935.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Section 55-1001 - DEFINITIONS.
Section 55-1002 - FROM WHAT PROPERTY SELECTED.
Section 55-1003 - HOMESTEAD EXEMPTION LIMITED.
Section 55-1005 - TO WHAT JUDGMENTS SUBJECT.
Section 55-1006 - PRESUMPTION OF ABANDONMENT — DECLARATION OF NONABANDONMENT.
Section 55-1007 - CONVEYANCE OR ENCUMBRANCE BY HUSBAND AND WIFE.
Section 55-1008 - HOMESTEAD EXEMPT FROM EXECUTION — WHEN PRESUMED VALID.
Section 55-1009 - JUDGMENT AGAINST HOMESTEAD OWNER — LIEN ON EXCESS VALUE OF HOMESTEAD PROPERTY.