T45CH13

Title 45 > T45CH13

Sections (2)

45-1302

TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 13 GENERAL PROVISIONS RELATING TO ENFORCEMENT OF LIENS AND MORTGAGES 45-1302. Determination of all rights upon foreclosure proceedings. In any suit brought to foreclose a mortgage or lien upon real property or a lien on or security interest in personal property, the plaintiff, cross-complainant or plaintiff in intervention may make as party defendant in the same cause of action, any person having, claiming or appearing to have or to claim any title, estate, or interest in or to any part of the real or personal property involved therein, and the court shall, in addition to granting relief in the foreclosure action, determine the title, estate or interest of all parties thereto in the same manner and to the same extent and effect as in the action to quiet title. History: [45-1302, added 1929, ch. 113, sec. 1, p. 182; I.C.A., sec. 44-1104; am. 1937, ch. 21, sec. 1, p. 32; am. 1967, ch. 272, sec. 21, p. 745; am. 2010, ch. 79, sec. 16, p. 145.]

45-1303

TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 13 GENERAL PROVISIONS RELATING TO ENFORCEMENT OF LIENS AND MORTGAGES 45-1303. Validation of former proceedings to quiet title. All proceedings heretofore taken in any suit for the foreclosure of a mortgage or lien upon real property, and all judgments and decrees made, filed and docketed under such proceedings, and wherein the plaintiff, cross-complainant or plaintiff in intervention has quieted the title in such action or proceeding in conformity to the intent of section 45-1302 , are hereby validated. History: [45-1303, added 1929, ch. 113, sec. 2, p. 182; I.C.A., sec. 44-1105.]