Idaho Code

Idaho Code § 45-1001 (2026)

What may be mortgaged.

✓ current as of May 2026

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What may be mortgaged.

Any interest in real property which is capable of being transferred may be mortgaged.

Notes of Decisions

Cited in 4 cases, 1983–1987 · leading case: Suchan v. Suchan, 741 P.2d 1289 (Idaho 1987).

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Suchan v. Suchan, 741 P.2d 1289 (Idaho 1987). · cites it 8× “I.C. § 45-1001. The execution sale divested George of all the real property awarded him by the partition order, except for his right of redemption: he conveyed that away two days after the sale.”

Rush v. Anestos, 661 P.2d 1229 (Idaho 1983). · cites it 4× “I.C. § 45-1001 provides that: "Any interest in real property which is capable of being transferred may be mortgaged.”

Fulton v. Duro, 687 P.2d 1367 (Idaho Ct. App. 1984). · cites it 2× “; I.C. § 45-1001; Perkins v. Bundy, 42 Idaho 560 , 247 P.”

Old Stone Capital Corp. v. John Hoene Implement Corp., 647 F. Supp. 916 (D. Idaho 1986). · cites it 2× “Idaho Code § 45-1001 (1977) provides that any interest in real property which is capable of being transferred may be mortgaged.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.