Idaho Code

Idaho Code § 6-101 (2026)

Proceedings in foreclosure — Construction of section — Meaning of "action" — Effect of foreclosure on holder of unrecorded lien.

✓ current as of May 2026

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Proceedings in foreclosure — Construction of section — Meaning of "action" — Effect of foreclosure on holder of unrecorded lien.

(1) There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate which action must be in accordance with the provisions of this chapter. In such action the court may, by its judgment, direct a sale of the incumbered property (or so much thereof as may be necessary) and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale, and the amount due to the plaintiff; and sales of real estate under judgments of foreclosure of mortgages and liens are subject to redemption as in the case of sales under execution; (and if it appear from the sheriff’s return that the proceeds are insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt), and it becomes a lien on the real estate of such judgment debtor, as in other cases on which execution may be issued.

(2) The provisions of this section must be construed in order to permit a secured creditor to realize upon collateral for a debt or other obligation agreed upon by the debtor and creditor.

(3) As used in this section, an "action" does not include any of the following acts or proceedings:

(a) To appoint a receiver for, or obtain possession of, any real or personal property collateral for the debt or other obligation;

(b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property;

(c) To enforce a mortgage or other lien upon any real or personal property collateral located outside of the state which is security for the same debt or other obligation;

(d) To secure a judgment outside of this state on a debt or other obligation secured by real property in this state and by real or personal property collateral located outside this state;

(e) For the exercise, pursuant to section 45-1505, Idaho Code, of a power of sale conferred pursuant to section 45-1503, Idaho Code;

(f) For the exercise of any right or remedy authorized by:

(i) The Idaho uniform commercial code, title 28, Idaho Code, except the securing of a judgment on the secured debt, including a deficiency judgment, in a court in Idaho; or

(ii) The uniform commercial code as enacted in any other state;

(g) For claim and delivery of personal property pursuant to chapter 3, title 8, Idaho Code;

(h) For the exercise of any right to set off a deposit account, or to enforce a pledge in a deposit account pursuant to a written agreement or pledge or to enforce a banker’s lien;

(i) To draw under a letter of credit;

(j) To collect any debt, or enforce any obligation or right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other obligation or right secured by a senior mortgage or other senior lien on the property;

(k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt or other obligation;

(l) For filing a claim pursuant to the Idaho uniform probate code, title 15, Idaho Code, or to enforce such a claim which has been disallowed;

(m) Which does not include the collection of the debt or enforcement of the obligation or realization of the collateral securing the debt or other obligation;

(n) Which is exempted from the provisions of this section by specific statute;

(o) To recover costs of suit, costs and expenses of sale, attorney fees and other incidental relief in connection with any action authorized in this subsection.

(4) No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the commencement of the action, need be made a party to such action; and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been made a party to the action.

Notes of Decisions

Cited in 43 cases, 1958–2020 · leading case: Houpt v. Wells Fargo Bank, Nat'l Ass'n, 370 P.3d 384 (Idaho 2016).

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Houpt v. Wells Fargo Bank, Nat'l Ass'n, 370 P.3d 384 (Idaho 2016). · cites it 22× “Houpts argued that the district court erred in granting Wells Fargo summary judgment and that Wells Fargo had violated Idaho Code section 6-101. Wells Fargo argued that section 6-101 did not apply to nonjudieial foreclosures and asked for a ruling on the issues of judicial…”

AgStar Fin. Servs., ACA v. Nw. Sand & Gravel, Inc., 391 P.3d 1271 (Idaho 2017). · cites it 52× “The statutory scheme responded to a haunting spectre of mortgage debtors defaulting on loans, losing their property in distress sales and encountering massive deficiencies.”

West Wood Investments, Inc. v. Acord, 106 P.3d 401 (Idaho 2005). · cites it 24× “Section 6-101(4) states: No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the commencement of the action, need be made a party to such…”

Frazier v. Neilsen & Co., 769 P.2d 1111 (Idaho 1989). · cites it 44× “Idaho's so-called single action statute, I.C. § 6-101, provides in pertinent part: "There can be one action for the recovery of any debt, or the enforcement of any rights secured by mortgage upon real estate which action must be in accordance with the provisions of this chapter.”

Ellis v. Butterfield, 570 P.2d 1334 (Idaho 1977). · cites it 12× “See I.C. §§ 6-101 et seq. The land secures the purchaser's performance because in the event of his default, the vendor ordinarily retains the right to terminate the transaction and retake the property.”

E. Idaho Prod. Credit Ass'n v. Placerton, Inc., 606 P.2d 967 (Idaho 1980). · cites it 14× “I.C. § 6-101; Jaussaud v. Samuels, 58 Idaho 191 , 71 P.”

Elliott v. Darwin Neibaur Farms, 69 P.3d 1035 (Idaho 2003). · cites it 12× “Did the district court err by allowing the Elliotts to proceed with a foreclosure action and holding that the ‘one-action’ rule of Idaho Code § 6-101 inapplicable? 4. Did the district court err in holding that foreclosure of the Neibaurs’ mortgage was not barred by the…”

Liberty Bankers Life Ins. v. Witherspoon, Kelley, Davenport & Toole, P.S., 365 P.3d 1033 (Idaho 2016). · cites it 4× “If the legislature intended deeds of trust to operate as mortgages under I.C. §§ 6-101 et seq., then the bulk of the Trust Deeds Act, and in particular I.”

AgStar Fin. Servs., ACA v. Gordon Paving Co., 391 P.3d 1287 (Idaho 2017). · cites it 8× “Neither Idaho Code section 6-101, which requires the foreclosure of a mortgage in order to recover on a debt secured by that mortgage, nor Idaho Code section 6-108, which limits the amount of a deficiency judgment against the mortgagor, applies to an action to recover against a…”

Quintana v. Internal Revenue Serv., Bureau of Land Mgmt. (In Re Quintana), 107 B.R. 234 (9th Cir. BAP 1989). · cites it 6× “[1] The *242 amount of a deficiency judgment under Idaho law is limited to the difference between the property's fair market value and the amount of the unpaid debt.”

Quintana v. Anthony, 712 P.2d 678 (Idaho Ct. App. 1985). · cites it 8× “A mortgage is broadly defined by I.C. § 45-901 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.”

Vanderford Co., Inc. v. Knudson, 165 P.3d 261 (Idaho 2007). · cites it 2× “Idaho Code § 6-101 (2) provides that the section “must be construed in order to permit a secured creditor to realize upon collateral for a debt or other obligation agreed upon by the debtor and creditor.” In the present case, the parties’ arguments at trial disputed whether…”

Show all 43 citing cases →

— Idaho Code § 6-101(1) — 4 cases

AgStar Fin. Servs., ACA v. Nw. Sand & Gravel, Inc., 391 P.3d 1271 (Idaho 2017). “The statutory scheme responded to a haunting spectre of mortgage debtors defaulting on loans, losing their property in distress sales and encountering massive deficiencies.”

Houpt v. Wells Fargo Bank, Nat'l Ass'n, 370 P.3d 384 (Idaho 2016). “Houpts argued that the district court erred in granting Wells Fargo summary judgment and that Wells Fargo had violated Idaho Code section 6-101. Wells Fargo argued that section 6-101 did not apply to nonjudieial foreclosures and asked for a ruling on the issues of judicial…”

Indian Springs v. Terry & Rosanna Andersen, 302 P.3d 333 (Idaho 2012).

Charles & Gail Houpt v. Wells Fargo Bank, NA (Idaho 2015).

— Idaho Code § 6-101(2) — 1 case