TITLE 11

ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

CHAPTER 4

REDEMPTIONS

11-403.  Subsequent redemptions. If property be so redeemed by a redemptioner, another redemptioner may, within sixty (60) days after the last redemption and within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less, again redeem it from the last redemptioner on paying the sum paid on such last redemption with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, in addition from the date of the last redemption and the amount of any assessment or taxes which the last redemptioner may have paid thereon, after the redemption by him with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code; but the judgment under which the property was sold need not be so paid as a lien.

The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner, within sixty (60) days after the last redemption and within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land twenty (20) acres or less, on paying the sum paid on the last previous redemption with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, in addition, and the amount of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code.

Written notice of redemption must be given to the sheriff and a duplicate filed for record with the recorder of the county; and, if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and filed with the recorder, and if such notice be not filed, the property may be redeemed without paying such tax, assessment or lien.

If no redemption be made within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less, the purchaser or his assignee is entitled to a conveyance, or, if so redeemed, whenever sixty (60) days have elapsed and no other redemption has been made, and notice thereon given, the time for redemption by a redemptioner has expired, and the last redemptioner or his assignee is entitled to a sheriff’s deed at the expiration of one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less; but in all cases the judgment debtor shall have the entire period of one (1) year from the date of the sale to redeem the property if the real property sold consisted of a tract of land of more than twenty (20) acres and shall have the entire period of six (6) months from the date of sale to redeem the property if the real property sold consisted of a tract of land of twenty (20) acres or less.

If the judgment debtor redeem he must make the same payments as are required to effect a redemption by a redemptioner.

If a debtor redeem, the effect of the sale is terminated and he is restored to his estate.

Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged and proved before an officer authorized to take acknowledgments of conveyances of real property.

Such certificate must be filed and recorded in the office of the recorder of the county in which the property is situated, and the recorder must note the record thereof in the margin of the record of the certificate of sale.

History:

[(11-403) C.C.P. 1881, sec. 453; R.S., sec. 4493; am. 1895, p. 34, sec. 1; reen. 1889, p. 241, sec. 1; reen. R.C. & C.L., sec. 4493; C.S., sec. 6934; I.C.A., sec. 8-403; am. 1935, ch. 7, sec. 2, p. 19; am. 1967, ch. 293, sec. 2, p. 825; am. 1967 (1st E.S.), ch. 2, sec. 1, p. 9; am. 1970, ch. 100, sec. 2, p. 250; am. 1982, ch. 322, sec. 2, p. 796.]