6-101 Proceedings in Foreclosure — Construction of Section — Meaning of “action” — Effect of Foreclosure On Holder of Unrecorded Lien
6-102 Disposition of Surplus Money
6-103 Partial Sales
6-104 Mortgage Not a Conveyance
6-105 Execution Under Foreclosure On Property in More Than One County
6-106 Duty of Clerk On Return of Execution
6-107 Certificates of Sale
6-108 Deficiency Judgments — Amount Restricted

Terms Used In Idaho Code > Title 6 > Chapter 1

  • Account: means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account and other like arrangement;
Idaho Code 15-6-101
  • Administrator: means the administrator, or his designee, for the animal industries division of the Idaho department of agriculture. See Idaho Code 22-4904
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beef cattle: means slaughter and feeder cattle or dairy heifers that are kept on or contiguous to the animal feeding operation and are owned or controlled by the animal feeding operation. See Idaho Code 22-4904
  • Beef cattle animal feeding operation: means an animal feeding operation which confines the number of slaughter and feeder cattle or dairy heifers as set forth in 40 CFR 122. See Idaho Code 22-4904
  • Beneficiary: means a person named in a trust account as one for whom a party to the account is named as trustee;
  • Idaho Code 15-6-101
  • Best management practices: means practices, techniques or measures which are determined to be reasonable precautions, are a cost-effective and practicable means of preventing or reducing pollutants from point sources or nonpoint sources to a level compatible with environmental goals, including water quality goals and standards for waters of the state. See Idaho Code 22-4904
  • Board: means the Idaho wolf depredation control board;
  • Idaho Code 22-5303
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Idaho department of agriculture. See Idaho Code 22-4904
  • Department: means the Idaho state department of agriculture. See Idaho Code 22-5102
  • Department: means the Idaho state department of agriculture. See Idaho Code 22-5403
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 22-4904
  • Director: means the director of the Idaho state department of agriculture. See Idaho Code 22-5102
  • Director: means either the director of the department of agriculture or the director of the department of fish and game, as so designated;
  • Idaho Code 22-5303
  • Director: means the director of the Idaho state department of agriculture or the director’s designee. See Idaho Code 22-5403
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Failure: means the date that one (1) or more of the following events occurred, as determined by the director:
  • Idaho Code 22-5102
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial institution: means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, and credit unions;
  • Idaho Code 15-6-101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint account: means an account payable on request to one (1) or more of two (2) or more parties whether or not mention is made of any right of survivorship;
  • Idaho Code 15-6-101
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manure: means animal excrement that may also contain bedding, spilled feed, water or soil. See Idaho Code 22-4904
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • modified: means structural changes and alterations to the wastewater storage containment facility which would require increased storage or containment capacity or such changes which would alter the function of the wastewater storage containment facility. See Idaho Code 22-4904
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • multiple-party account: is a ny of the following types of account:
  • Idaho Code 15-6-101
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Noncompliance: means a practice or condition that causes an unauthorized discharge, or a practice or condition, that if left uncorrected, will cause an unauthorized discharge. See Idaho Code 22-4904
  • Nutrient management plan: means a plan prepared in conformance with the nutrient management standard, provisions required by 40 CFR 122. See Idaho Code 22-4904
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. See Idaho Code 15-6-101
  • Person: means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, which is recognized by law as the subject of rights and duties. See Idaho Code 22-4904
  • Person: means any individual, firm, association, corporation, partnership or limited liability company. See Idaho Code 22-5102
  • person: includes a corporation as well as a natural person;
  • Idaho Code 73-114
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Process wastewater: means liquid containing beef cattle manure, process-generated wastewater and any precipitation which comes into direct contact with livestock manure and facility products or byproducts. See Idaho Code 22-4904
  • Produce safety rule: means the standards for growing, harvesting, packing and holding of produce for human consumption promulgated pursuant to the food and drug administration food, drug and cosmetic act. See Idaho Code 22-5403
  • Producer: means the owner, tenant or operator of land in this state who has an interest in the proceeds from the sale of seed crops grown on that same land. See Idaho Code 22-5102
  • Proof of death: includes a death certificate or record or report which is prima facie proof of death under section 15-1-107 of this code;
  • Idaho Code 15-6-101
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receipt: means a warehouse receipt. See Idaho Code 22-5102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Request: means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institutions; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;
  • Idaho Code 15-6-101
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Scale weight ticket: means a load slip, other than a receipt, given to a producer by a seed buyer for transfer of the seed crop to the seed buyer. See Idaho Code 22-5102
  • Seed buyer: means any person having a commercial operation, its agents and employees, together with its elevators, mills, buildings, or other structures who owes or has any financial obligation to the producer for seed crop grown by that producer and transferred to the seed buyer. See Idaho Code 22-5102
  • Seed crops: means any seed crop regulated by chapter 4, title 22, Idaho Code. See Idaho Code 22-5102
  • Seed facility: means :
  • Idaho Code 22-5102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
  • Stored for withdrawal: means the deposit of seed crop with a seed facility by the producer for the subsequent withdrawal by that producer of the same seed crop or similar seed crop, as agreed to by the parties. See Idaho Code 22-5102
  • Sums on deposit: means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;
  • Idaho Code 15-6-101
  • Transfer: means , unless otherwise defined by the parties in writing, the event when a producer or his agent delivers seed crop to the seed buyer who then gives the producer or his agent a scale weight ticket, receipt, or other written evidence of transfer. See Idaho Code 22-5102
  • Trust account: means an account in the name of one (1) or more parties as trustee for one (1) or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Idaho Code 15-6-101
  • Trustee: A person or institution holding and administering property in trust.
  • Unauthorized discharge: means a discharge of process wastewater or livestock manure to state surface waters that does not meet the requirements of this chapter or water quality standards. See Idaho Code 22-4904
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Wastewater storage and containment facilities: means the portion of an animal feeding operation where manure or process wastewater is stored or collected. See Idaho Code 22-4904
  • Waters of the state: means all accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state. See Idaho Code 22-4904
  • Withdrawal: includes payment to a third person pursuant to check or other directive of a party. See Idaho Code 15-6-101
  • Wolf: means the Canis lupus species. See Idaho Code 22-5303
  • Written evidence of transfer: means :
  • Idaho Code 22-5102