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Idaho Code § 55-1005

To what judgments subject

Applied in 2 court decisions — leading case Hopkins v. Cerchione (In Re Cerchione) (2009)

Most recently applied in Hopkins v. Cerchione (In Re Cerchione) (September 2009)

I.C., § 55-1005, as added by 1989, ch. 371, § 2, p. 933.

The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

(1) Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective.

(2) On debts secured by mechanic’s, laborer’s or vendor’s lien upon the premises.

(3) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant.

(4) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.

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.