Redemption — How made.
The judgment debtor or redemptioner may redeem the property from the purchaser within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less, on paying the purchaser the amount of his purchase with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, from the date of sale to the date of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after the commencement of the action and which are not included in the judgment, and interest at the rate allowed in section 28-22-104(1), Idaho Code, on such amount; and, if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest at the rate allowed in section 28-22-104(1), Idaho Code; provided, in mortgage foreclosure proceedings, the amount necessary to redeem the property sold under execution shall not include any sum for attorney’s fees greater than the fee actually paid by the judgment creditor or which the judgment creditor has by written instrument become unconditionally obligated to pay to his attorney for prosecuting his claim to judgment; and provided, further, the amount of such fee shall be proven by affidavits of the attorney who has received and the person who has paid the fee or by other competent evidence to be presented to the sheriff for his guidance in carrying out the provisions of law relating to redemption; and, provided further, that such redemptioner shall not be required to pay any attorney’s fees unless such fees shall have been paid within six (6) months after the sheriff’s certificate of sale shall have issued, or within such time the judgment creditor has become unconditionally obligated by written instrument to pay such fees.
Notes of Decisions
PHH Mortg. v. Nickerson, 423 P.3d 454 (Idaho 2018).
· cites it 2× “Idaho Code section 11-402 allows the judgment debtor to "redeem the property from the purchaser within one (1) year after the sale" for "land of more than twenty (20) acres.”
Jolley v. Puregro Co., 496 P.2d 939 (Idaho 1972).
· cites it 4× “§ 45-605 (wages); I.C. § 11-402 (redemption of property from execution sale); I.”
Cox v. Stolworthy, 496 P.2d 682 (Idaho 1972).
· cites it 4× “§ 62-409 (railroad killing stock); I.C. § 11-402 (redemption of property from execution sale); I.”
First Sec. Bank of Idaho, N.A. v. Stauffer, 730 P.2d 1053 (Idaho Ct. App. 1986).
· cites it 4× “I We turn first to the question of whether First Security’s alleged right to collect any deficiency balance is affected by its failure to redeem following the sale on foreclosure of the Federal Land Bank mortgage. At oral argument in this case, the parties disclosed that neither…”
Ulery v. Routh, 693 P.2d 443 (Idaho 1984).
· cites it 4× “§ 6-108 as well as with I.C. § 11-402, under which latter section the sellers here obtained the foreclosure decree which spelled out that the buyers' redemption time was limited to six months.”
Williams v. McCallum, 917 P.2d 794 (Idaho 1996).
· cites it 6× “” I.C. § 11-402 (1990). None of the taxes at issue here were included in the foreclosure judgment.”
Leon Phillips v. Roy Jacobson, 302 P.3d 349 (Idaho 2013).
· cites it 2× “As the judgment creditor, Chance did not have a "right” of redemption under I.C. § 11-402, since I.C. § 11-401 grants that right only to the judgment debtor and any junior lien creditor.”
Riley v. Wr Holdings, LLC, 138 P.3d 316 (Idaho 2006).
· cites it 6× “Idaho Code § 11-402 provides that the judgment creditor's attorney fees for "prosecuting his claim to judgment" may be included in the sum required to redeem.”
United States v. Stadium Apts., Inc., 425 F.2d 358 (9th Cir. 1970).
“The district judge, in spite of the foregoing provision, framed the foreclosure decree to allow for a one-year period of redemption, as provided by 2 Idaho Code § 11-402 . 1 The question is whether this was error.”
In Re Gray-Bailey, 427 B.R. 536 (Bankr. D. Idaho 2010).
· cites it 2× “Idaho Code § 11-402 . 5 . During the redemption period, the mortgagor is considered to be a "tenant in possession” of the foreclosed property, and the purchaser is entitled to recover the value of the tenant’s use and occupation of the property from the tenant.”
Acker v. Mader, 481 P.2d 605 (Idaho 1971).
· cites it 2× “I.C. §§ 11-402 and 11-403. The record is completely silent as to any effort or attempt by the mortgagors to exercise their right of redemption at any time.”
— Idaho Code § 11-402(2004) — 1 case
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