2005 Idaho Code - 8-506A — ATTACHMENT OF A DEBTOR\'S INTEREST IN PERSONAL PROPERTY SUBJECT TO SECURITY AGREEMENT -- ATTACHMENT OF DEFENDANT\'S INTEREST IN MORTGAGE OR TRUST DEED -- ATTACHMENT OF DEFENDANT\'S INTEREST IN SECURITY AGREEMENT

                                   TITLE  8
                    PROVISIONAL REMEDIES IN CIVIL ACTIONS
                                  CHAPTER 5
                         ATTACHMENTS AND GARNISHMENTS
    8-506A.  ATTACHMENT OF A DEBTOR'S INTEREST IN PERSONAL PROPERTY SUBJECT TO
SECURITY AGREEMENT -- ATTACHMENT OF DEFENDANT'S INTEREST IN MORTGAGE OR TRUST
DEED -- ATTACHMENT OF DEFENDANT'S INTEREST IN SECURITY AGREEMENT. Personal
property subject to a security interest, a defendant's equity of redemption in
personal property and a defendant's interest in a real estate mortgage or deed
of trust or as secured party under a security agreement may  be attached by
the following methods, and no other:
    (a)  Personal property capable of manual delivery may be attached by
taking possession, provided all secured parties with a perfected security
interest therein under the Idaho uniform commercial code consent thereto in
writing, and the attachment shall be subject to the rights of any secured
party under a perfected security agreement, but otherwise would be to the same
effect and in the same manner as if the property were not subject to the
security agreement.
    (b)  If any secured party with a perfected security interest does not
consent in writing that the sheriff take possession of the personal property,
the attaching creditor must pay or tender to the secured party the amount due
on the security agreement before the officer may take the property into
possession. The attaching creditor upon so redeeming shall be subrogated to
the rights of the secured party under the security agreement, and the secured
party shall, upon payment or tender assign the security agreement, note or
notes so paid, and any filed financing statements to the attaching creditor.
Upon any sale by judicial proceedings, any amounts owing to the attaching
creditor on the security agreement so redeemed, with lawful interest thereon,
shall first be paid to the attaching creditor.
    (c)  If the attaching creditor so elects and instructs the sheriff, the
equity of redemption of the defendant in the personal property subject to a
perfected security agreement shall be attached. Such attachment is made by
serving upon the secured party, upon the defendant, and upon the person in
possession of the property, if other than the defendant or secured party, if
said parties can be found within the county where the property is situated, a
copy of the writ of attachment, together with a notice signed by the sheriff,
describing the property attached, giving the name of the secured party, and
stating the interest of the defendant in the property attached, and by causing
the notice to be filed in the office where a security agreement or financing
statement on said property should be filed to perfect the security according
to the Idaho uniform commercial code or other applicable law. The sheriff
shall make the filing by mail if in an office outside his county, and shall
also file with the notice in any office where a financing statement should be
filed for the property, a financing statement describing the property
attached, the prior security agreement, and signed by the attaching creditor
or his agent as secured party and for the defendant as debtor by the sheriff.
The filing officer shall receive and file the financing statement and index
the same pursuant to part 5, chapter 9, title 28, Idaho Code. Service and
filing as above provided shall operate as an attachment of the property
described in the notice, subject to the prior rights of the secured party
under the security agreement; possession of the property shall not be taken by
the sheriff. Compliance with the foregoing is constructive notice to the world
of the attachment. Provided, however, that this section shall not be
constructive notice to a bona fide purchaser for value of any motor vehicle
who has actual or constructive possession of the vehicle and who has relied on
the certificate of title for determination by said purchaser as to secured
parties shown thereon; nothing in this section shall relieve any person from
complying with section 49-504, Idaho Code.
    When the sale of such property attached under this subsection (c) is made
on writ of execution obtained by such creditor, the proceeds must be applied
as in the case of any other execution sale. The purchaser at any such sale
acquires all title and rights of the judgment debtor in the property sold, as
of the time the attachment was levied, subject to the perfected security
agreement including all liens if any thereunder, securing obligations to be
created after the security agreement was made in cases where such obligations
have actually been created, and are by law entitled to priority over attaching
creditors, and is entitled to the possession of such property subject,
however, to the rights of the secured party.
    Any transfer of encumbrance of the attached interest of the
debtor-defendant is void as against the attaching creditor, but this provision
shall not be construed as forbidding or invalidating any transfer or
disposition of the property lawfully made pursuant to the prior security
agreement, or any other right exercised or acquired thereunder.
    (d)  Any interest of the defendant as mortgagee of a real estate mortgage
or beneficiary of a trust deed on real estate whether held directly or as an
assignee, may be attached. The sheriff must record with the county recorder
where the real property is located a copy of the writ along with a notice in
writing, naming the defendant, describing the real property, and identifying
the recording information on the real estate mortgage or trust deed, and
stating that the defendant's interest therein is attached, and by serving
copies of the notice and writ upon the defendant and upon the mortgagor of the
mortgage or trustor of the trust deed if they can be located within the county
where the property is located. The recorder shall index the same as an
assignment of the defendant's interest in the mortgage or deed of trust, and
it shall be constructive notice to the world of the attachment. The attachment
shall be subject to the rights of a holder in due course of a note or notes
secured by the mortgage or trust deed, whether acquired before or after the
attachment.
    (e)  Any interest of the defendant as secured party of a security
agreement, whether held directly or as an assignee, shall be attached by the
sheriff filing with the filing office where the security agreement or
financing statement pursuant thereto is or should by law be filed, a copy of
the writ along with a notice in writing, naming the defendant, describing the
property listed in the financing statement or filed security statement,
identifying the parties to the security agreement, and stating that the
defendant's interest therein is attached. The sheriff shall serve a copy of
the notice and writ upon the defendant and upon the debtor under the security
agreement, if they can be located within the county where the property is
located. The sheriff may file the copy of the writ or notice by mail if the
filing officer is outside the county. The filing officer shall index the same
as an assignment of the defendant's interest in the security agreements, and
it shall be constructive notice to the world. The attachment shall be subject
to the rights of a holder in due course of a note or notes secured by the
security agreement, whether acquired before or after the attachment.