Idaho Code
Idaho Code § 45-112 (2026)
Priority of purchase money mortgage.
✓ current as of May 2026
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Priority of purchase money mortgage.
A mortgage given for the price of real property, at the time of its conveyance, has priority over all other liens created against the purchaser, subject to the operation of the recording laws.
Notes of Decisions
Cited in 4
cases, 1961–2013 · leading case: Insight LLC v. Patrick Gunter, 302 P.3d 1052 (Idaho 2013).
Insight LLC v. Patrick Gunter, 302 P.3d 1052 (Idaho 2013). “Idaho Code § 45-112 requires that a purchase money mortgage be given “at the time of [the land’s] conveyance.”
Est. of Skvorak v. Sec. Union Title Ins. Co., 89 P.3d 856 (Idaho 2004). “Idaho Code § 45-112 , defines a purchase money mortgage as "a mortgage given for the price of real property, at the time of conveyance.”
Insight LLC v. Patrick Gunter (Idaho 2013). “Idaho Code § 45-112 requires that a purchase money mortgage be given “at the time of [the land’s] conveyance.”
Hagen v. Butler, 363 P.2d 712 (Idaho 1961). “In support of said contention appellants cite I.C. § 45-112, which provides: “A mortgage given for the price of real property, at the time of its conveyance, has priority over all other liens created against the purchaser, subject to the operation of the recording laws.”
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