Idaho Code
Idaho Code § 6-108 (2026)
Deficiency judgments — Amount restricted.
✓ current as of May 2026
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Deficiency judgments — Amount restricted.
No court in the state of Idaho shall have jurisdiction to enter a deficiency judgment in any case involving a foreclosure of a mortgage on real property in any amount greater than the difference between the mortgage indebtedness, as determined by the decree, plus costs of foreclosure and sale, and the reasonable value of the mortgaged property, to be determined by the court in the decree upon the taking of evidence of such value.
Notes of Decisions
Cited in 31
cases, 1980–2017 · leading case: E. Idaho Prod. Credit Ass'n v. Placerton, Inc., 606 P.2d 967 (Idaho 1980).
E. Idaho Prod. Credit Ass'n v. Placerton, Inc., 606 P.2d 967 (Idaho 1980). “I.C. § 6-108 provides: "No court in the state of Idaho shall have jurisdiction to enter a deficiency judgment in any case involving a foreclosure of a mortgage on real property in any amount greater than the difference between the mortgage indebtedness, as determined by the…”
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. These statutes have protected debtors by sheltering unmortgaged property from potential execution until…”
AgStar Fin. Servs., ACA v. Gordon Paving Co., 391 P.3d 1287 (Idaho 2017). “The Guarantors did invoke Idaho Code section 6-108 and also asserted that AgStar’s right to recovery on the guaranteed debt was precluded by the doctrine of res judicata.”
Washington Fed. v. Hulsey, 405 P.3d 1 (Idaho 2017). “3d 500, 503 (2014) (citing I.C. § 6-108). The deficiency is limited by Idaho Code section 6-108 to the difference between the fair market value of the property and the amount of the unpaid debt.”
Nancy & Stjepan Sostaric v. Sally Marshall, 766 S.E.2d 396 (W. Va. 2014). “§ 44-14-161 (“true market value” as of sale date); Idaho Code § 6-108 (“reasonable value”); Kan.”
Thompson v. Kirsch, 677 P.2d 490 (Idaho Ct. App. 1984). “2d 967 (1980), the Idaho Supreme Court stated: [ Idaho Code § 6-108 ] was added by the Idaho legislature in 1933 to afford greater protection to the large numbers of debtors facing the prospect of defaulting on their mortgage debts.”
First Sec. Bank of Idaho, N.A. v. Stauffer, 730 P.2d 1053 (Idaho Ct. App. 1986). “Idaho Code § 6-108 limits any subsequent deficiency judgment to the difference between the mortgage indebtedness, as determined by the decree, plus costs of foreclosure and sale, and the reasonable value of the mortgaged property, to be determined by the court in the decree upon…”
Elliott v. Darwin Neibaur Farms, 69 P.3d 1035 (Idaho 2003). “Idaho Code § 6-108 provides: No court in the state of Idaho shall have jurisdiction to enter a deficiency judgment in any case involving a foreclosure of a mortgage on real property in any amount greater than the difference between the mortgage indebtedness, as determined by the…”
Ulery v. Routh, 693 P.2d 443 (Idaho 1984). “The sellers having exercised their option to treat the lien of the title-retaining contract as a mortgage, upon which they then foreclose, there must be compliance with I.C. § 6-108 as well as with I.C. § 11-402, under which latter section the sellers here obtained the…”
Quintana v. Anthony, 712 P.2d 678 (Idaho Ct. App. 1985). “” Idaho Code § 6-101 authorizes a single form of action to collect a debt secured by a mortgage. The mortgage must be foreclosed.”
Isaak v. Idaho First Nat'l Bank, 811 P.2d 832 (Idaho 1991). “I.C. § 6-108 limits any deficiency judgment in a foreclosure action on a real estate mortgage to “the difference between the mortgage indebtedness, as determined by the decree, plus costs of foreclosure and sale, and the reasonable value of the mortgaged property, to be…”
Nw. Farm Credit Servs. v. Lake Cascade Airpark, LLC, 331 P.3d 500 (Idaho 2014). “2 I.C. § 6-108. “[T]he deficiency is *761 limited to the difference between the fair market value of the real property and the amount of the unpaid debt.”
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