Idaho Code
Chapter 5 - PARTITION OF REAL ESTATE
Section 6-510 - LIENHOLDERS — DETERMINATION OF RIGHTS.

6-510. LIENHOLDERS — DETERMINATION OF RIGHTS. If it appears to the court, by the certificate of the county recorder or clerk, or by the sworn or verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property, or any part or portion thereof, which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the action, the court must either order such persons to be made parties to the action by an amendment or supplemental complaint, or appoint a referee to ascertain whether or not such liens or encumbrances have been paid, or if not paid what amount remains due thereon, and their order among the liens or encumbrances severally held by such persons and the parties to the action, and whether the amount remaining due thereon has been secured in any manner, and if secured, the nature and extent of the security.

History:
[(6-510) C.C.P. 1881, sec. 496; R.S., R.C., & C.L., sec. 4569; C.S., sec. 6985; I.C.A., sec. 9-510.]

Structure Idaho Code

Idaho Code

Title 6 - ACTIONS IN PARTICULAR CASES

Chapter 5 - PARTITION OF REAL ESTATE

Section 6-501 - WHEN PARTITION MAY BE HAD.

Section 6-502 - COMPLAINT — ALLEGATIONS OF INTERESTS OF PARTIES.

Section 6-503 - PARTIES — LIENHOLDERS AND PURCHASERS OF RECORD.

Section 6-504 - LIS PENDENS — FILING AND EFFECT.

Section 6-505 - SUMMONS — HOW DIRECTED.

Section 6-506 - SERVICE BY PUBLICATION.

Section 6-507 - ANSWER.

Section 6-508 - RIGHTS OF ALL PARTIES MAY BE DETERMINED.

Section 6-509 - PARTIAL PARTITION.

Section 6-510 - LIENHOLDERS — DETERMINATION OF RIGHTS.

Section 6-511 - NOTICE TO LIENHOLDERS.

Section 6-512 - PARTITION — SALE — REFEREES.

Section 6-513 - DUTIES OF REFEREES.

Section 6-514 - REPORT OF REFEREES.

Section 6-515 - REPORT OF REFEREES — CONFIRMATION — JUDGMENT.

Section 6-516 - EFFECT OF JUDGMENT ON TENANTS FOR YEARS.

Section 6-517 - ALLOWANCE OF EXPENSES OF REFEREES.

Section 6-518 - LIEN ON UNDIVIDED INTEREST — CHARGE ON SHARE ASSIGNED TO LIENOR.

Section 6-519 - ESTATE FOR LIFE OR YEARS MAY BE SET OFF.

Section 6-520 - APPLICATION OF PROCEEDS OF SALE OF ENCUMBERED PROPERTY.

Section 6-521 - RESORT TO OTHER SECURITIES COMPELLED.

Section 6-522 - DISTRIBUTION OF PROCEEDS.

Section 6-523 - PAYMENT INTO COURT — CONTINUANCE OF ACTION.

Section 6-524 - CONDUCT OF SALE — CONTENTS OF NOTICE.

Section 6-525 - TERMS OF SALE.

Section 6-526 - SECURITY FOR PURCHASE-MONEY.

Section 6-527 - COMPENSATION OF TENANTS FOR LIFE OR YEARS.

Section 6-528 - CONSENT NOT GIVEN — COMPENSATION FIXED BY COURT.

Section 6-529 - PROTECTION OF UNKNOWN PARTIES.

Section 6-530 - COMPENSATION FOR CONTINGENT INTEREST.

Section 6-531 - NOTICE OF TERMS OF SALE.

Section 6-532 - PURCHASE BY REFEREES AND GUARDIANS PROHIBITED.

Section 6-533 - REPORT OF SALE.

Section 6-534 - CONFIRMATION AND ORDER FOR CONVEYANCE.

Section 6-535 - LIENHOLDERS AS PURCHASERS.

Section 6-536 - RECORD AND EFFECT OF CONVEYANCE.

Section 6-537 - INVESTMENT OF PROCEEDS BELONGING TO UNKNOWNS OR NONRESIDENTS.

Section 6-538 - INVESTMENT — WHEN MADE IN RECORDER’S NAME.

Section 6-539 - INVESTMENT — WHEN MADE IN PARTIES’ NAMES.

Section 6-540 - DUTY OF RECORDER TAKING SECURITY OR MAKING INVESTMENT.

Section 6-541 - UNEQUAL PARTITION — COMPENSATION.

Section 6-542 - SALE OF INFANT’S SHARE — PAYMENT OF PROCEEDS TO GUARDIAN.

Section 6-543 - SALE OF SHARE OF INCAPACITATED OR PROTECTED PERSON — PAYMENT OF PROCEEDS TO GUARDIAN.

Section 6-544 - PARTITION WITHOUT ACTION — CONSENT OF GUARDIAN.

Section 6-545 - COSTS OF PARTITION — APPORTIONMENT TO PARTIES — LIEN.

Section 6-546 - APPOINTMENT OF SINGLE REFEREE.

Section 6-547 - COST OF ABSTRACT OF TITLE.