T45CH8
Title 45 > T45CH8
Sections (10)
45-801
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-801. Vendor’s lien. One who sells real property has a vendor’s lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer. History: [(45-801) R.S., sec. 3440; reen. R.C. & C.L., sec. 3441; C.S., sec. 6408; I.C.A., sec. 44-701.]
45-802
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-802. Vendor’s lien — Waiver. Where a buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of such contract by the seller waives his lien to the extent of the sum payable under the contract, but a transfer of such contract, in trust to pay debts, and return the surplus, is not a waiver of the lien. History: [(45-802) R.S., sec. 3441; reen. R.C. & C.L., sec. 3442; C.S., sec. 6409; I.C.A., sec. 44-702.]
45-803
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-803. Vendor’s lien — Extent. The liens of vendors and purchasers of real property are valid against every one claiming under the debtor, except a purchaser or encumbrancer in good faith and for value. History: [(45-803) R.S., sec. 3442; reen. R.C. & C.L., sec. 3443; C.S., sec. 6410; I.C.A., sec. 44-703.]
45-804
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-804. Lien of purchaser of real property. One who pays to the owner any part of the price of real property, under an agreement for the sale thereof, has a special lien upon the property, independent of possession, for such part of the amount paid as he may be entitled to recover back, in case of a failure of consideration. History: [(45-804) R.S., sec. 3444; reen. R.C. & C.L., sec. 3445; C.S., sec. 6411; I.C.A., sec. 44-704.]
45-805
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-805. Liens for services on or caring for property. (a) Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor, or skill, employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due him from the owner, for such service. If the liens as herein provided are not paid within sixty (60) days after the work is done, service rendered or materials supplied, the person in whose favor such special lien is created may proceed to sell the property at a public auction after giving ten (10) days’ public notice of the sale by advertising in some newspaper published in the county where the property is situated, or if there is no newspaper published in the county then by posting notices of the sale in three (3) of the most public places in the county for ten (10) days previous to such sale. The person shall also send the notice of auction to the owner or owners of the property and to the holder or holders of a perfected security interest in the property as provided in subsection (c) of this section. The person who is about to render any service to the owner of an article of personal property by labor or skill employed for the protection, improvement, safekeeping or carriage thereof may take priority over a prior perfected security interest by, before commencing any such service, giving notice of the intention to render such service to any holder of a prior perfected security interest at least three (3) days before rendering such service. If the holder of the security interest does not notify said person, within three (3) days that it does not consent to the performance of such services, then the person rendering such service may proceed and the lien provided for herein shall attach to the property as a superior lien. The provisions of this section shall not apply to a motor vehicle subject to the provisions of chapter 18, title 49 , Idaho Code. (b) Livery or boarding or feed stable proprietors, and persons pasturing livestock of any kind, have a lien, dependent on possession, for their compensation in caring for, boarding, feeding or pasturing such livestock. If the liens as herein provided are not paid within sixty (60) days after the work is done, service rendered, or feed or pasturing supplied, the person in whose favor such special lien is created may proceed to sell the property at a licensed public livestock auction market, or if the lien is on equines, to sell the animals at a sale offered to the public, after giving ten (10) days’ notice to the owner or owners of the livestock and the state brand inspector. The information contained in such notice shall be verified and contain the following: (1) The time, place and date of the licensed public livestock auction market, or in the case of equines, the
45-806
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-806. Lien for making, altering, or repairing personal property. Any person, firm or corporation, who makes, alters or repairs any article of personal property, at the request of the owner or person in legal possession thereof, has a lien, which said lien shall be superior and prior to any security interest in the same for his reasonable charges for work done and materials furnished, and may retain possession of the same until the charges are paid. If not paid within two (2) months after the work is done, the person, firm or corporation may proceed to sell the property at public auction, by giving ten (10) days’ public notice of the sale by advertising in some newspaper published in the county in which the work was done; or, if there be no newspaper published in the county, then by posting up notices of the sale in three (3) public places in the town where the work was done, for ten (10) days previous to the sale. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property; the remainder, if any, must be paid over to the owner thereof. Provided that the said person, firm or corporation who is about to make, alter or repair the said property, in order to derive the benefits of this section, must, before commencing said making, altering or repairing, give notice of the intention to so make, alter or repair said property, by registered mail, to any holder of a security interest which is of record in the county where said property is located, or in the office of the secretary of state, and, if a motor vehicle, to any holder of a security interest which may appear on the certificate of title of said vehicle, at least three (3) days before commencing said making, altering or repairing and if notice in writing within said three (3) days be not given by such holder of a security interest notifying said firm or corporation not to perform said services then the said making, altering or repairing may proceed and the prior lien provided for herein attaches to said property. History: [(45-806) R.S., sec. 3446; reen. R.C. & C.L., sec. 3447; C.S., sec. 6413; I.C.A., sec. 44-706; am. 1935, ch. 87, sec. 1, p. 152; am. 1967, ch. 272, sec. 12, p. 745; am. 1995, ch. 157, sec. 1, p. 635.]
45-807
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-807. Lien of factor. A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are entrusted to him by the same principal. History: [(45-807) R.S., sec. 3447; reen. R.C. & C.L., sec. 3448; C.S., sec. 6414; I.C.A., sec. 44-707.]
45-808
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-808. Lien of banker. A banker has a general lien, dependent on possession, upon all property in his hands, belonging to a customer, for the balance due to him from such customer in the course of the business. History: [(45-808) R.S., sec. 3448; reen. R.C. & C.L., sec. 3449; C.S., sec. 6415; I.C.A., sec. 44-708.]
45-809
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-809. Lien for cooperative corporations or associations. Any cooperative corporation, as defined by Idaho Code, which provides goods or services to any person, firm or corporation, may set off any equity interest owned by such person, firm or corporation in the cooperative as a means of collecting obligations owed to it for such goods or services. Equity shall include, but not be limited to, membership stock, capital credits, accounts representing capital credits, capital stock or patronage credits. The cooperative shall have a lien on and a continuing perfected security interest in such equity to secure payment of any indebtedness, whenever incurred, owed to the cooperative by the person, firm or corporation receiving goods or services. Such lien and continuing perfected security interest may be enforced by right of offset when it becomes due and payable under the articles or bylaws of the cooperative. The cooperative’s right of offset shall not entitle the debtor to set off its obligations against equity interest it owns in the cooperative which are not yet an obligation of the cooperative payable under the article or bylaws of the cooperative. History: [45-809, added 1996, ch. 344, sec. 1, p. 1154.]
45-811
TITLE 45 LIENS, MORTGAGES AND PLEDGES CHAPTER 8 MISCELLANEOUS LIENS 45-811. nonconsensual common law liens prohibited. (1) For purposes of this section, nonconsensual common law lien means a lien that: (a) Is not provided for by a specific state or federal statute; (b) Does not depend upon the consent of the owner of the property affected for its existence; (c) Is not a court-imposed equitable, judgment or constructive lien; and (d) Is not of a kind commonly used in legitimate commercial transactions. (2) Nonconsensual common law liens are hereby prohibited. The state of Idaho shall not recognize or enforce nonconsensual common law liens. Provided however, that if a county clerk or other recording officer accepts for filing or recording a claim of a nonconsensual common law lien, the clerk or officer shall not be penalized or be liable for such filing or recording. (3) Petition to release and complaint for penalties. (a) A person whose real or personal property is subject to a recorded claim of a nonconsensual common law lien may at any time petition the district court of the county in which the claim has been recorded for an order releasing the claim. The petition, which may be heard ex parte, shall be heard as soon as practicable by the court. If it appears from the content of the lien that the lien is a nonconsensual common law lien, the court shall issue an order to the lienor to appear at a date not sooner than fifteen (15) days after the order is made, nor later than thirty (30) days, at which time the lienor must show cause why the claim of lien should not be released. If the lienor does not appear or if the showing of cause is insufficient, the court shall issue an order releasing the claim of lien. If good cause is shown by the lienor that the lien is not a nonconsensual common law lien and has a valid basis, the matter shall be set for further proceedings to determine the validity of the lien. (b) A complaint for penalties and other relief awarded pursuant to subsection (4) of this section may be filed separately or in conjunction with a petition filed under paragraph (a) of this subsection, but such complaint may not be filed any later than ninety (90) days after the hearing on the court’s order to show cause as provided in paragraph (a) of this subsection. (c) The filing fee for a petition filed pursuant to paragraph (a) of this subsection shall be thirty-five dollars (5,000) or for actual damage caus