Right to rents and profits after sale.
The purchaser, from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof. But when any rents or profits have been received by the judgment creditor or purchaser, or his or their assigns, from the property thus sold preceding such redemption, the amount of such rents and profits shall be a credit upon the redemption money to be paid; and if the redemptioner or judgment debtor, before the expiration of the time allowed for such redemption, demands in writing of such purchaser, or creditor, or his assigns, a written and verified statement of the amounts of such rents and profits thus received, the period for redemption is extended five (5) days after such sworn statement is given by such purchaser or his assigns, to such redemptioner or debtor. If such purchaser or his assigns shall, for a period of one (1) month from and after such demand, fail or refuse to give such statement, such redemptioner or debtor may, within sixty (60) days after such demand, bring an action in any court of competent jurisdiction, to compel an accounting and disclosure of such rents and profits, and until fifteen (15) days from and after the final determination of such action the right of redemption is extended to such redemptioner or debtor.
Notes of Decisions
First State Bank of Eldorado v. Rowe, 130 P.3d 1146 (Idaho 2006).
· cites it 2× “I.C. § 11-407 (2004) (emphasis added). The Rowes were entitled to the rents or profits they would have received had they maintained ownership during the redemption period.”
Acker v. Mader, 481 P.2d 605 (Idaho 1971).
· cites it 4× “That *96 motion was granted and findings of fact and conclusions of law were entered. From that order and findings plaintiffs appeal.”
In Re Gray-Bailey, 427 B.R. 536 (Bankr. D. Idaho 2010).
· cites it 2× “Idaho Code § 11-407 ; Caldwell v. Thiessen, 60 Idaho 515 , 92 P.”
Clark Inv. Co. v. United States, 364 F.2d 7 (9th Cir. 1966).
“It petitioned the court for an order that the receiver turn over the net rents to it. This the court declined to do, and it is from the court’s order that this appeal is taken.”
Gem Valley Ranches, Inc. v. Small, 440 P.2d 352 (Idaho 1968).
· cites it 10× “On April 28, 1967 (the last day of the redemption period), appellants demanded an accounting of the rents and profits, which demand recited it was made pursuant to the provisions of I.C. § 11-407. On May 3, 1967, an accounting was filed by respondent, and respondent moved for an…”
Hansen v. Sweet, 702 P.2d 823 (Idaho 1985).
· cites it 2× “See Chapter 6, Title 11, Idaho Code; I.C. § 11-407. This statutory division of rent is not applicable to the present case in which purchaser had only a purchaser’s interest through the executory contract for sale and had no right of redemption in the event the purchaser’s…”
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