A mortgage, deed of trust or transfer in trust can be created, renewed or extended only by writing, executed with the formalities required in the case of a grant or conveyance of real property.
Idaho Code § 45-902
Mortgage must be in writing
Applied in 4 court decisions — leading case In Re McMurdie (2010)
Most recently applied in Old Cutters, Inc. v. City of Hailey (In re Old Cutters, Inc.) (December 2012)
R.S., § 3351; reen
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.