2011 Idaho Code
TITLE 45 LIENS, MORTGAGES AND PLEDGES
CHAPTER 9 MORTGAGES IN GENERAL
45-905 DEFEASANCE MAY BE SHOWN BY PAROL.


ID Code § 45-905 (2011 through Reg Sess) What's This?

TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 9

MORTGAGES IN GENERAL

45-905. Defeasance may be shown by parol. The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a trustee under any trust deed or transfer in trust, or a subsequent purchaser or encumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.

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