Idaho Code

Idaho Code § 6-104 (2026)

Mortgage not a conveyance.

✓ current as of May 2026

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Mortgage not a conveyance.

A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale.

Notes of Decisions

Cited in 7 cases, 1958–2016 · leading case: Matter of Est. of Lewis, 543 P.2d 852 (Idaho 1975).

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Matter of Est. of Lewis, 543 P.2d 852 (Idaho 1975). · cites it 10× “The Uniform Probate Code provision is as follows: “§ 6-104 (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different…”

E. Idaho Prod. Credit Ass'n v. Placerton, Inc., 606 P.2d 967 (Idaho 1980). · cites it 4× “There the Court quoted from what is now I.C. § 6-104: "A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale.”

Quintana v. Internal Revenue Serv., Bureau of Land Mgmt. (In Re Quintana), 107 B.R. 234 (9th Cir. BAP 1989). · cites it 2× “Idaho Code § 6-104 (1979). Therefore, the deficiency is determined following confirmation of the sale.”

Jordan v. Nationstar Mortg., LLC, 374 P.3d 1195 (Wash. 2016). “§ 38-35-117 ; Idaho Code Ann. § 6-104 ; Nev. Rev. Stat.”

Young v. Embley, 143 P.3d 936 (Alaska 2006). “§ 506-1 (LexisNexis 2005); Idaho Code Ann. § 6-104 (2005); Egbert v.”

Gem-Valley Ranches, Inc. v. Small, 411 P.2d 943 (Idaho 1966). · cites it 2× “” I.C. § 6-104. Title 45, Chapter 1, of the Idaho Code also contains provisions which affect the present issue: “Contracts of mortgage and pledge are subject to all the provisions of this chapter.”

Roos v. Belcher, 321 P.2d 210 (Idaho 1958). “, providing in effect that a mortgage can be foreclosed only by judicial action, and § 6-104, I.C., •to the effect that a mortgagee cannot recover possession without a foreclosure sale, *478 are not applicable to proceedings for the foreclosure of a trust deed by advertisement…”

— Idaho Code § 6-104(a) — 1 case

Matter of Est. of Lewis, 543 P.2d 852 (Idaho 1975). “The Uniform Probate Code provision is as follows: “§ 6-104 (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different…”

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