1999 Legislation
Print Friendly

HOUSE BILL NO. 165 – Real property mortgage, foreclosure

HOUSE BILL NO. 165

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


H0165


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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 five
12    (5) years:
13        1.   An action for the foreclosure of a mortgage  on  real  property
14    must  be  commenced  within five (5) years from the  date of maturity, as
15    disclosed by the public record,   maturity date  of the obli-
16    gation or indebtedness secured by such mortgage .   or by  any
17    indenture  or  other instrument supplemental thereto, as changed by extension,
18    if any, of the time of maturity, filed for record  before  the  expiration  of
19    said period of five (5) years. If the public record does not disclose the date
20    of  maturity      If the obligation or indebtedness secured by such
21    mortgage does not state a maturity date , then the  date  of  the  
22    execution of such mortgage or lien   accrual 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.
25         2.  Such extension may be by agreement or affidavit showing the date
26    of maturity of the obligation or indebtedness as extended describing the prop-
27    erty  embraced  in  the  mortgage  and  giving the book and page or recorder's
28    serial number where such mortgage appears of record. Such agreement or affida-
29    vit must be filed for record in the county or counties where the  mortgage  is
30    recorded  and the recorder shall note on the record of such mortgage the matu-
31    rity date thereof as shown by such agreement or affidavit and shall also  note
32    on  such  record  the  book  and  page  where  such  agreement or affidavit is
33    recorded. 

Statement of Purpose / Fiscal Impact


                       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