Idaho Code
Idaho Code

Idaho Code § 45-902 (2026)

Mortgage must be in writing. 

✓ current as of May 2026
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Mortgage must be in writing. 

A mortgage, deed of trust or transfer in trust can be created, renewed or extended only by writing, executed with the formalities required in the case of a grant or conveyance of real property.

Notes of Decisions
Cited in 6 cases, 1986–2016 · leading case: Bagley v. Thomason, 241 P.3d 972 (Idaho 2010).
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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.”
In Re McMurdie, 448 B.R. 826 (Bankr. D. Idaho 2010). · cites it 2× “” Idaho Code § 45-902 . When interpreting state law, this Court is bound by the decisions of the state’s highest court.”
Murphy v. Provident Bank (In Re Miller), 260 B.R. 158 (Bankr. D. Idaho 2001). · cites it 2× “More particularly, a “mortgage, deed of trust or transfer in trust can be created, renewed or extended only by writing, executed with the formalities required in the *163 case of a grant or conveyance of real property.”
Old Cutters, Inc. v. City of Hailey (In re Old Cutters, Inc.), 488 B.R. 130 (Bankr. D. Idaho 2012). · cites it 2× “If the subject transaction involves the granting of a mortgage or contractual lien, Idaho Code § 45-902 also applies, which mandates that “[a] mortgage, deed of trust or transfer in trust can be created, renewed or extended only by writing, executed with the formalities required…”
Patricia McKay v. Thomas G. Walker, 369 P.3d 926 (Idaho 2016). “McKay contends that many Idaho statutes treat a mortgage as a real property interest, including: Idaho Code sections 45-902, 45-908, 55-811, and 55-813; however, a simple reading of those statutes indicates that mortgages are treated “in like manner” or “with the formalities…”
Old Stone Capital Corp. v. John Hoene Implement Corp., 647 F. Supp. 916 (D. Idaho 1986). · cites it 4× “Idaho Code § 45-902 (1977) provides that a mortgage, deed of trust, or transfer in trust can be created, renewed or extended only by writing executed with the formalities required in the case of a grant or conveyance of real property.”
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