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H0165................................by JUDICIARY, RULES AND ADMINISTRATION REAL PROPERTY - MORTGAGE - Amends existing law to provide that the statute of limitations for the foreclosure of a mortgage on real property is five years from the maturity date of the secured obligation, or, if no maturity date is stated in the secured obligation, five years from the accrual of the cause of action giving rise to the right of foreclosure. 02/04 House intro - 1st rdg - to printing 02/05 Rpt prt - to Jud 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 68-0-2 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor), Tilman, Tippets, Trail, Wheeler, Williams, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Linford, Watson Floor Sponsor - Boe Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Jud 03/04 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 34-0-1 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth NAYS--None Absent and excused--Parry Floor Sponsor - Davis Title apvd - to House 03/11 To enrol 03/12 Rpt enrol - Sp signed 03/15 Pres signed 03/16 To Governor 03/18 Governor signed Session Law Chapter 112 Effective: 07/01/99
H0165|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 165 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO STATUTES OF LIMITATIONS; AMENDING SECTION 5-214A, IDAHO CODE, TO 3 PROVIDE THAT THE STATUTE OF LIMITATIONS FOR THE FORECLOSURE OF A MORTGAGE 4 ON REAL PROPERTY IS FIVE YEARS FROM THE MATURITY DATE OF THE SECURED OBLI- 5 GATION, OR IF NO MATURITY DATE IS STATED IN THE SECURED OBLIGATION, FIVE 6 YEARS FROM THE ACCRUAL OF THE CAUSE OF ACTION GIVING RISE TO THE RIGHT OF 7 FORECLOSURE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 5-214A, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 5-214A. ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY.Within five12(5) years:131.An action for the foreclosure of a mortgage on real property 14 must be commenced within five (5) years from thedate of maturity, as15disclosed by the public record,maturity date of the obli- 16 gation or indebtedness secured by such mortgage .or by any17indenture or other instrument supplemental thereto, as changed by extension,18if any, of the time of maturity, filed for record before the expiration of19said period of five (5) years. If the public record does not disclose the date20of maturityIf the obligation or indebtedness secured by such 21 mortgage does not state a maturity date , then the date of the22execution of such mortgage or lienaccrual of the cause of action 23 giving rise to the right to foreclose shall be deemed the date of matu- 24 rity of such obligation or indebtedness. 252. Such extension may be by agreement or affidavit showing the date26of maturity of the obligation or indebtedness as extended describing the prop-27erty embraced in the mortgage and giving the book and page or recorder's28serial number where such mortgage appears of record. Such agreement or affida-29vit must be filed for record in the county or counties where the mortgage is30recorded and the recorder shall note on the record of such mortgage the matu-31rity date thereof as shown by such agreement or affidavit and shall also note32on such record the book and page where such agreement or affidavit is33recorded.
STATEMENT OF PURPOSE RS 08831 The purpose of this legislation is to clarify the statute of limitations applicable to mortgage foreclosures. Current law provides that the 5-year statute of limitations for foreclosing a mortgage begins to run upon the maturity date of the obligation secured by the mortgage, as disclosed by the recorded mortgage. If the recorded mortgage does not disclose the maturity date, the statute of limitations begins to run on the day the mortgage is signed. This means that if the mortgagee inadvertently fails to state the maturity date in the mortgage, that mortgage will become unenforceable in five (5) years, even though the secured promissory note might have many years left in its term. The mortgagee will have lost the right to foreclose the mortgage, even though there has been no default in the obligation, and therefore, the mortgagee never had the right to foreclose the mortgage. In other words, the mortgagee's cause of action for foreclosure can be lost before it ever accrues. This legislation provides that an action for foreclosure of a mortgage must be commenced within five (5) years from the maturity date of the obligation secured by the mortgage, without regard to whether the maturity date is stated in the mortgage itself. If the obligation secured by the mortgage does not state a maturity date (for example, a promissory note payable on demand), then the date of the accrual of the cause of action for foreclosure shall be deemed the date of maturity of such obligation, beginning the running of the 5-year statute of limitations. FISCAL NOTE This bill will have no impact on the general fund. Contact: Name: Patrick V. Collins Hawley Troxell Ennis & Hawley LLP Counsel for the Idaho Bankers Association Phone: (208) 344-6000 STATEMENT OF PURPOSE/FISCAL NOTE H 165