Idaho Code § 45-1504
Trustee of trust deed — Who may serve — Successors.
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Trustee of trust deed — Who may serve — Successors.
(1) The trustee of a trust deed under this act shall be:
(a) Any member of the Idaho state bar;
(b) Any bank or savings and loan association authorized to do business under the laws of Idaho or the United States;
(c) An authorized trust institution having a charter under chapter 32, title 26, Idaho Code, or any corporation authorized to conduct a trust business under the laws of the United States; or
(d) A licensed title insurance agent or title insurance company authorized to transact business under the laws of the state of Idaho.
(2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1993–2023 · leading case: Frontier Federal Savings & Loan Association v. Douglass
Frontier Federal Savings & Loan Association v. Douglass (1993)
“Argument Regarding Multiple Violations of the Nonjudicial Deed of Trust Foreclosure Statute, I.C. § 45-1504. Douglass and Hassing essentially argue that there were cumulative errors made by Frontier and, these errors, taken in toto, require this Court to reverse the district…”
Trotter v. Bank of New York Mellon (2012)
“The court thus found Bank of New York’s appointment of ReconTrust as successor trustee valid under I.C. § 45-1504(2) and therefore, as a matter of law, that Recon-Trust was vested with the powers of the original trustee.”
Edwards v. Mortgage Electronic Registration Systems, Inc. (2013)
“The beneficiary has the authority to appoint a successor trustee, I.C. § 45-1504(2), and MERS, as nominee of the lender, had the authority to appoint Pioneer as successor trustee.”
Jensen-Edwards v. Nationstar Mortgage, LLC (In re Jensen-Edwards) (2015)
“The beneficiary has the authority to appoint a successor trustee, I.C. § 45-1504(2), and MERS, as nominee of the lender, had the authority to appoint Pioneer as successor trustee.”
Weig v. Stanley (2023)
“I.C. § 45-1504 First, Plaintiff asserts the deed of trust is facially invalid.”
Gordon v. U.S. Bank (2019)
“All that appointment did was change the identity of a previously established trustee—no interest in real property was altered in any way, as the trust deed already established the trustee’s rights and duties.”
Gordon v. U.S. Bank (2019)
“Furthermore, the appointment was permitted under the trust deed itself and Idaho Code section 45-1504(2). Moreover, “[t]he primary purpose of the recording statutes is to give notice to others that an interest is claimed in real property .”
Vermont Trotter v. Bank of New York Mellon (2012)
“The court thus found Bank of New York’s appointment of ReconTrust as successor trustee valid under I.C. § 45-1504(2) and therefore, as a matter of law, that ReconTrust was vested with the powers of the original trustee.”
— Idaho Code § 45-1504(2) — 8 cases
Frontier Federal Savings & Loan Association v. Douglass (1993)
“Argument Regarding Multiple Violations of the Nonjudicial Deed of Trust Foreclosure Statute, I.C. § 45-1504. Douglass and Hassing essentially argue that there were cumulative errors made by Frontier and, these errors, taken in toto, require this Court to reverse the district…”
Trotter v. Bank of New York Mellon (2012)
“The court thus found Bank of New York’s appointment of ReconTrust as successor trustee valid under I.C. § 45-1504(2) and therefore, as a matter of law, that Recon-Trust was vested with the powers of the original trustee.”
Edwards v. Mortgage Electronic Registration Systems, Inc. (2013)
“The beneficiary has the authority to appoint a successor trustee, I.C. § 45-1504(2), and MERS, as nominee of the lender, had the authority to appoint Pioneer as successor trustee.”
Jensen-Edwards v. Nationstar Mortgage, LLC (In re Jensen-Edwards) (2015)
“The beneficiary has the authority to appoint a successor trustee, I.C. § 45-1504(2), and MERS, as nominee of the lender, had the authority to appoint Pioneer as successor trustee.”
Weig v. Stanley (2023)
“I.C. § 45-1504 First, Plaintiff asserts the deed of trust is facially invalid.”
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