Idaho Code
Idaho Code

Idaho Code § 6-102 (2026)

Disposition of surplus money. 

✓ current as of May 2026
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Disposition of surplus money. 

If there be surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in court.

Notes of Decisions
Cited in 5 cases, 1968–2017 · leading case: AgStar Fin. Servs., ACA v. Nw. Sand & Gravel, Inc., 391 P.3d 1271 (Idaho 2017).
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AgStar Fin. Servs., ACA v. Nw. Sand & Gravel, Inc., 391 P.3d 1271 (Idaho 2017). · cites it 4× “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.”
Roesch v. Klemann, 307 P.3d 192 (Idaho 2013). · cites it 2× “Similarly, if the court issuing the judgment for sale of the mortgaged property did not adjudicate the sum due the mortgagee, the provision in I.C. § 6-102, relating to “surplus money” resulting from the sheriffs sale, would have no meaning.”
Credit Bureau of Preston v. Sleight, 440 P.2d 143 (Idaho 1968). · cites it 2× “§ 45-1302 1 provides for the determination of all rights of interested parties upon foreclosure proceedings, while I.C. § 6-102 2 permits the disposition of surplus money to those persons entitled to it after payment of the amount due on the mortgage.”
Mix v. Gem Investors, Inc., 647 P.2d 811 (Idaho Ct. App. 1982). “106, § 6-102(3) (Law.Coop.1976 & Supp.1982); Michigan Comp.”
Indian Springs v. Terry & Rosanna Andersen, 302 P.3d 333 (Idaho 2012). · cites it 2× “I.C. § 6-102. Had that occurred, then the Andersens could have asserted that they were entitled to some or all of the surplus based upon the doctrine of unjust enrichment.”
— Idaho Code § 6-102(3) — 1 case
Mix v. Gem Investors, Inc., 647 P.2d 811 (Idaho Ct. App. 1982). “106, § 6-102(3) (Law.Coop.1976 & Supp.1982); Michigan Comp.”
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