Idaho Code
Idaho Code

Idaho Code § 45-901 (2026)

Mortgage defined. 

✓ current as of May 2026
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Mortgage defined. 

Mortgage is a contract excepting a trust deed or transfer in trust by which specific property is hypothecated for the performance of an act without the necessity of a change of possession.

Notes of Decisions
Cited in 8 cases, 1951–2016 · leading case: Liberty Bankers Life Ins. v. Witherspoon, Kelley, Davenport & Toole, P.S., 365 P.3d 1033 (Idaho 2016).
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Liberty Bankers Life Ins. v. Witherspoon, Kelley, Davenport & Toole, P.S., 365 P.3d 1033 (Idaho 2016). · cites it 4× “Compare I.C. § 45-901 with I.C. § 45- 1502(3). Further, in I.”
Rush v. Anestos, 661 P.2d 1229 (Idaho 1983). · cites it 4× “I.C. § 45-901 defines a mortgage as a "contract excepting a trust deed or transfer in trust by which specific property is hypothecated for the performance of an act without the necessity of a change of possession.”
Bagley v. Thomason, 241 P.3d 972 (Idaho 2010). · cites it 2× “Idaho Code § 45-901 defines a mortgage, and section 45-902 requires mortgages to be in writing and executed with the same formalities as a grant or conveyance of real property.”
Frazier v. Neilsen & Co., 769 P.2d 1111 (Idaho 1989). · cites it 4× “Compare I.C. § 45-901 with I.C. § 45-1502(3). Further, in I.”
Quintana v. Anthony, 712 P.2d 678 (Idaho Ct. App. 1985). · cites it 2× “The question appears to be one of first impression in this state.”
State v. Snyder, 233 P.2d 802 (Idaho 1951). · cites it 2× “Section 45-901, Idaho Code, defines a mortgage as follows: “Mortgage is a contract by which specific property is hypothe-cated for the performance of an act without the necessity of a change of possession.”
Roos v. Belcher, 321 P.2d 210 (Idaho 1958). “Likewise, other provisions of the mortgage laws were appropriately amended to draw a distinction between a trust deed or transfer in trust and a mortgage.”
Old Stone Capital Corp. v. John Hoene Implement Corp., 647 F. Supp. 916 (D. Idaho 1986). · cites it 4× “Idaho Code § 45-901 (1977) provides that a mortgage is a contract excepting a trust deed or transfer in trust by which specific property is hypothecated for the performance of an act without the necessity of a change of possession.”
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