TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 16

CONSUMER FORECLOSURE PROTECTION ACT

45-1604.  Exclusions. The provisions of this chapter shall not apply to:

(1)  Regulated lenders, as defined in section 28-41-301, Idaho Code;

(2)  Any person licensed or chartered under the laws of any state or of the United States as a bank, trust company, savings and loan association, credit union, or industrial loan company. The terms "bank," "trust company," "savings and loan association," "credit union" and "industrial loan company" shall include affiliates or wholly owned subsidiaries of such organizations, provided that the affiliate or subsidiary is regularly examined by the chartering state or federal agency for consumer compliance purposes;

(3)  Mortgage lenders and mortgage brokers licensed under the Idaho residential mortgage practices act, sections 26-31-101 et seq., Idaho Code;

(4)  Employees and agents of the organizations specified in subsections (1), (2) and (3) of this section, when acting within the scope of such employment or agency; and

(5)  Family member or members of the owner or owners of record of any interest in residential real property subject to foreclosure. For purposes of this chapter, "family member or members" means a natural person or the spouse of a natural person who is related to such owner or owners of record by blood, adoption or marriage within the second degree of consanguinity or a grandchild or the spouse of a grandchild.

History:

[45-1604, added 2008, ch. 192, sec. 1, p. 602; am. 2013, ch. 54, sec. 15, p. 122; am. 2015, ch. 244, sec. 27, p. 1022.]