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Idaho · Through 2026 Legislative Session

Idaho Code § 45-905: Defeasance may be shown by parol.

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Where this section sits in the code
  1. TITLE 45 LIENS, MORTGAGES AND PLEDGES
  2. CHAPTER 9 MORTGAGES IN GENERAL

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.

Collected 2026-09-04T11:22:04Z. Source file · JSON

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