Idaho Code

Idaho Code § 45-904 (2026)

Transfers deemed mortgages.

✓ current as of May 2026

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Transfers deemed mortgages.

Every transfer of an interest in property other than in trust to secure the performance of any obligation of the trustor or other person named in the trust instrument, made only as a security for the performance of another act, is to be deemed a mortgage.

Notes of Decisions

Cited in 8 cases, 1951–2013 · leading case: Hogg v. Wolske, 130 P.3d 1087 (Idaho 2006).

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Hogg v. Wolske, 130 P.3d 1087 (Idaho 2006). · cites it 2× “” I.C. § 45-904. “[P]arol evidence is admissible for the purpose of showing that a conveyance of land, absolute in form, is a mortgage.”

Rush v. Anestos, 661 P.2d 1229 (Idaho 1983). · cites it 4× “I.C. § 45-904 provides that "[e]very transfer of an interest in property other than in trust to secure the performance of any obligation of the trustor or other person named in the trust instrument, made only as a security for the performance of another act, is to be deemed a…”

Gem-Valley Ranches, Inc. v. Small, 411 P.2d 943 (Idaho 1966). · cites it 2× “and in Chapter 9: “Every transfer of an interest in property other than in trust * * *, made only as a security for the performance of another act, is to be deemed a mortgage, * * I.C. § 45-904: These provisions of the law are controlling in this case.”

Darryl Harris v. Bank of Com., 298 P.3d 1060 (Idaho 2013). · cites it 6× “of consideration; (4) they were entitled to rescind the sale to the Yosts due to a mutual mistake that the Trigon Group was solvent; (5) with the rescission of the sale, they were entitled to judgment quieting their title in the property free of any claims of the Yosts or the…”

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.”

State v. Snyder, 233 P.2d 802 (Idaho 1951). “” Sections 45-904, Idaho Code, and 45-905, Idaho Code, provide as follows: “45-904.”

In Re Wiebe, 353 B.R. 906 (Bankr. D. Idaho 2006). · cites it 2× “See, Idaho Code § 45-904 (“Every transfer of an interest in property other than in trust to secure the performance of any obligation of the trustor or other person named in the trust instrument, made only as a security for the performance of another act, is to be deemed a…”

Old Stone Capital Corp. v. John Hoene Implement Corp., 647 F. Supp. 916 (D. Idaho 1986). · cites it 2× “” I.C. § 45-904 provides that “[e]very transfer of an interest in property other than in trust to secure the performance of any obligation of the trustor or other person named in the trust instrument, made only as a security for the performance of another act, is to be deemed a…”

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