Idaho Code
Idaho Code § 45-1507 (2026)
Proceeds of sale — Disposition.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Proceeds of sale — Disposition.
The trustee shall apply the proceeds of the trustee’s sale as follows:
(1) To the expenses of the sale, including a reasonable charge by the trustee and a reasonable attorney’s fee.
(2) To the obligation secured by the trust deed.
(3) To any persons having recorded liens subsequent to the interest of the trustee in the trust deed as their interests may appear.
(4) The surplus, if any, to the grantor of the trust deed or to his successor in interest entitled to such surplus.
Notes of Decisions
Cited in 6
cases, 1986–2019 · leading case: Spencer v. Jameson, 211 P.3d 106 (Idaho 2009).
Spencer v. Jameson, 211 P.3d 106 (Idaho 2009). “We reverse the district court's award of summary judgment and remand for a determination of the amount of sale proceeds to be distributed along with who is entitled to such proceeds under Idaho Code § 45-1507 . II. FACTUAL AND PROCEDURAL BACKGROUND On April 30, 2002, Spencer…”
Wilhelm v. Johnston, 30 P.3d 300 (Idaho Ct. App. 2001). “Idaho Code § 45-1507 provides that a debtor is entitled to any surplus of actual proceeds from a trustee’s sale after the expenses of the sale, the obligations secured by the deed of trust, and any subordinate liens have been satisfied, but there is no corresponding provision…”
Parkwest Homes v. Julie G. Barnson, 302 P.3d 18 (Idaho 2013). “We acknowledge that Barnson had a residual interest to the property to the extent that she was entitled to any surplus from the trustee's sale by operation of I.C. § 45-1507(A). Spencer v. Jameson, 147 Idaho 497, 506-07 , 211 P.”
Farber v. Howell, 721 P.2d 731 (Idaho Ct. App. 1986). “Section 45-1507 tends to support the view that the costs of sale, including a reasonable charge by the trustee and a reasonable attorney fee may *135 be included in the judgment obtained under § 45-1512, because § 45-1507 directs the trustee to apply the proceeds of a trustee’s…”
Gordon v. U.S. Bank (Idaho 2019). “We reasoned that it was not the legislature’s intent to set aside a sale for a credit bid violation when no notice of a violation of service and publication under section 45-1506(2)–(6) had occurred and a separate remedy existed under section 45-1507 for the credit bid violation.”
Gordon v. U.S. Bank (Idaho 2019). “We reasoned that it was not the legislature’s intent to set aside a sale for a credit bid violation when no notice of a violation of service and publication under section 45-1506(2)–(6) had occurred and a separate remedy existed under section 45-1507 for the credit bid violation.”
— Idaho Code § 45-1507(3) — 1 case
Spencer v. Jameson, 211 P.3d 106 (Idaho 2009). “We reverse the district court's award of summary judgment and remand for a determination of the amount of sale proceeds to be distributed along with who is entitled to such proceeds under Idaho Code § 45-1507 . II. FACTUAL AND PROCEDURAL BACKGROUND On April 30, 2002, Spencer…”
— Idaho Code § 45-1507(4) — 1 case
Spencer v. Jameson, 211 P.3d 106 (Idaho 2009). “We reverse the district court's award of summary judgment and remand for a determination of the amount of sale proceeds to be distributed along with who is entitled to such proceeds under Idaho Code § 45-1507 . II. FACTUAL AND PROCEDURAL BACKGROUND On April 30, 2002, Spencer…”
— Idaho Code § 45-1507(A) — 1 case
Parkwest Homes v. Julie G. Barnson, 302 P.3d 18 (Idaho 2013). “We acknowledge that Barnson had a residual interest to the property to the extent that she was entitled to any surplus from the trustee's sale by operation of I.C. § 45-1507(A). Spencer v. Jameson, 147 Idaho 497, 506-07 , 211 P.”
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.