6-104. MORTGAGE NOT A CONVEYANCE. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale.
History:
[(6-104) R.S. 1887, R.C., & C.L., sec. 4523; C.S., sec. 6952; I.C.A., sec. 9-104.]
Structure Idaho Code
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 1 - FORECLOSURE OF MORTGAGES AND OTHER LIENS
Section 6-102 - DISPOSITION OF SURPLUS MONEY.
Section 6-103 - PARTIAL SALES.
Section 6-104 - MORTGAGE NOT A CONVEYANCE.
Section 6-105 - EXECUTION UNDER FORECLOSURE ON PROPERTY IN MORE THAN ONE COUNTY.
Section 6-106 - DUTY OF CLERK ON RETURN OF EXECUTION.