2007 Legislation
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SENATE BILL NO. 1054 – Trust deeds, real property

SENATE BILL NO. 1054

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Bill Status



S1054......................................................by STATE AFFAIRS
TRUST DEEDS - Amends existing law to further define the term "real
property" for purposes of trust deeds.
                                                                        
01/26    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1054
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TRUST DEEDS; AMENDING SECTION  45-1502,  IDAHO  CODE,  TO  FURTHER
  3        DEFINE  THE TERM "REAL PROPERTY" FOR PURPOSES OF TRUST DEEDS AND TO MAKE A
  4        TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 45-1502, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        45-1502.  DEFINITIONS -- TRUSTEE'S CHARGE. As used in this act:
  9        (1)  "Beneficiary"  means  the  person  named or otherwise designated in a
 10    trust deed as the person for whose benefit a trust deed is given, or his  suc-
 11    cessor in interest, and who shall not be the trustee.
 12        (2)  "Grantor" means the person conveying real property by a trust deed as
 13    security for the performance of an obligation.
 14        (3)  "Trust  deed"  means  a deed executed in conformity with this act and
 15    conveying real property to a trustee in trust to secure the performance of  an
 16    obligation of the grantor or other person named in the deed to a beneficiary.
 17        (4)  "Trustee"  means a person to whom the legal title to real property is
 18    conveyed by trust deed, or his successor in interest.
 19        (5)  "Real property" means any right, title, interest and claim in and  to
 20    real  property  owned  by  the grantor at the date of execution of the deed of
 21    trust or acquired thereafter by said grantor or his  successors  in  interest.
 22    Provided,  nevertheless,  real property as so defined which may be transferred
 23    in trust under this act shall be limited  to  either  (a)  any  real  property
 24    located within an incorporated city or village at the time of the transfer, or
 25    (b) any real property not exceeding forty one hundred (4100) acres, regardless
 26    of its location, and in either event where the trust deed states that the real
 27    property  involved  is  within  either of the above provisions, such statement
 28    shall be binding upon all parties and conclusive as  to  compliance  with  the
 29    provisions  of  this act relative to the power to make such transfer and trust
 30    and power of sale conferred in this act.
 31        (6)  The trustee shall be entitled to a reasonable charge  for  duties  or
 32    services performed pursuant to the trust deed and this chapter, including com-
 33    pensation for reconveyance services notwithstanding any provision of a deed of
 34    trust prohibiting payment of a reconveyance fee by the grantor or beneficiary,
 35    or  any  provision  of a deed of trust which limits or otherwise restricts the
 36    amount of a reconveyance fee to be charged and collected  by  the  trustee.  A
 37    trustee  shall  be  entitled  to  refuse to reconvey a deed of trust until the
 38    trustee's reconveyance fees and recording costs for recording the reconveyance
 39    instruments are paid in full. The trustee shall not be entitled to a  foreclo-
 40    sure  fee  in  the  event  of  judicial  foreclosure or work done prior to the
 41    recording of a notice of default. If the default is cured prior to the time of
 42    the last newspaper publication of the notice of sale,  the  trustee  shall  be
 43    paid a reasonable fee.
                                                                        
                                       2
                                                                        
  1        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  2    declared to exist, this act shall be in full force and effect on and after its
  3    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16668

This measure would raise the number of acres from 40 to 100 to
qualify for deed of trust financing.              


                           FISCAL NOTE

None.




Contact
Name:  Clint Stennett 
Phone: 332-1351

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1054