Category Archives: PROPERTY SECURITY

A Real Estate Vendee’s Special Lien Securing the Amount Paid Toward the Purchase Price Does Not Secure Prejudgment Interest

Posted on April 13, 2012 by Wendy Couture

Case: Benz v. D.L. Evans Bank, Docket No. 37814 Court: Supreme Court of Idaho Date Issued: January 25, 2012 Judge: Opinion Author:  J. Eismann Concurring in Opinion:  Burdick, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Does … Continue reading →

Posted in Hon. Joel D. Horton, OPINION AUTHOR, PROPERTY SECURITY, Scott Lindstrom, SUMMARY AUTHOR, Vendee's Special Lien, Vendee's Special Lien | Comments Off

Debt Recharacterization Is A Factual Issue and Cannot Be Resolved At Summary Judgment In the Face of Conflicting Evidence

Posted on March 28, 2012 by Wendy Couture

Case: Idaho Development, LLC v. Teton View Golf Estates, LLC, Docket No. 37123 Court: Supreme Court of Idaho Date Issued:    December 12, 2011 Judges: Opinion Author: W. Jones, Justice Concurring in Opinion: Burdick, Chief Justice; Eismann, Justice; Horton, Justice Specially … Continue reading →

Posted in Debt Recharacterization, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, Luke Howarth, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR | Comments Off

Equitable Subordination Will Not Be Applied Outside of the Bankruptcy Context

Posted on March 28, 2012 by Wendy Couture

Case: Idaho Development, LLC v. Teton View Golf Estates, LLC, Docket No. 37123 Court: Supreme Court of Idaho Date Issued:    December 12, 2011 Judge: Opinion Author: W. Jones, Justice Concurring in Opinion: Burdick, Chief Justice; Eismann, Justice; Horton, Justice Specially … Continue reading →

Posted in Equitable Subordination, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR, Van Lityouvong | Comments Off

A Party Can Bring a Suit Against a Guarantor Even if the Underlying Borrower Is Not a Named Defendant

Posted on September 20, 2011 by Wendy Couture

Case: Mountain West Bank v. Idaho Fence Co., Inc. Case No. CV-2010-10203 Court: Kootenai County District Court Date Issued: May 20, 2011 Judge: John T. Mitchell, District Judge Issue: Whether a party may institute a suit against a guarantor if the underlying … Continue reading →

Posted in Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR | Comments Off

The “One-Action” Rule of I.C. § 45-1503 Does Not Protect the Guarantor of an Obligation Secured by a Deed of Trust

Posted on September 18, 2011 by Wendy Couture

Case: Mountain West Bank v. Idaho Fence Co., Inc., Case No. CV-2010-10203 Court: Kootenai County District Court Date Issued: May 20, 2011 Judge: John T. Mitchell, District Judge Issue: Under I.C. § 45-1503, may the guarantors of a commercial loan … Continue reading →

Posted in Brian Schlect, Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Non-Judicial Foreclosure, One-Action Rule, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

By Its Plain Language, A Deed of Trust that Secures “All Additional Amounts Owing to the Lender” Is Not Limited to the “Maximum Amount” Stated in the Deed

Posted on August 24, 2011 by Wendy Couture

Case: The Marina at Black Rock, LLC v. Idaho Independent Bank, Case No. CV 2011 3177 Court: District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai Opinion Title: Memorandum Decision … Continue reading →

Posted in Deed Interpretation, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Non-Judicial Foreclosure, OPINION AUTHOR, PROPERTY SECURITY, Renee Karel, SUMMARY AUTHOR | Comments Off

Evidence of Construction Defects Is Relevant in a Lien Foreclosure Proceeding

Posted on August 22, 2011 by Wendy Couture

Case: Perception Construction Management, Inc. v. Bell, Docket No. 36955 Court: Idaho Supreme Court Date Issued: June 29, 2011 Judges: Opinion Author:  Horton, Justice Concurring:  Eismann, Chief Justice; Burdick, Justice; and W. Jones, Justice Specially Concurring:  J. Jones, Justice Issue: … Continue reading →

Posted in Construction Liens, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Jeff Butler, OPINION AUTHOR, SUMMARY AUTHOR | Comments Off

The One-Action Rule is Not Violated When a Trustee Brings Suit Against a Debtor While Non-Judicially Foreclosing on Property Securing the Guarantor’s Obligation

Posted on August 21, 2011 by Wendy Couture

Case: The Marina at Black Rock, LLC v. Idaho Independent Bank, Case No. CV 2011 3177 Court: District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai Opinion Title: Memorandum Decision … Continue reading →

Posted in Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Luke Howarth, Non-Judicial Foreclosure, One-Action Rule, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

The FCRA Does Not Require A Creditor to Conduct an Investigation After a Debtor, As Opposed to a Credit Reporting Agency, Notifies the Creditor that the Debt Is Disputed

Posted on July 27, 2011 by Wendy Couture

Case: Fitzgerald v. PNC, Case No. 10-CV-452-BLW Court: United States District Court for the District of Idaho Opinion Title: Memorandum Decision and Order Date Issued: April 22, 2011 Judge: Chief Judge B. Lynn Winmill, United States District Judge Issue: Whether … Continue reading →

Posted in Federal Credit Reporting Act, Federal Credit Reporting Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

A Debtor Does Not Have A Private Cause of Action Against a Creditor under the FCRA if a Creditor Fails to Inform Credit Reporting Agencies that the Debtor Disputes the Debt

Posted on July 19, 2011 by Wendy Couture

Case: Fitzgerald v. PNC, Case No. 10-CV-452-BLW Court: United States District Court for the District of Idaho Opinion Title: Memorandum Decision and Order Date Issued: April 22, 2011 Judge: Chief Judge B. Lynn Winmill, United States District Judge Issue: Whether … Continue reading →

Posted in Federal Credit Reporting Act, Federal Credit Reporting Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke | Comments Off

A Beneficiary of a Deed of Trust is Not a “Debt Collector” Under the FDCPA When It Acquired the Interest Before the Debt Was In Default

Posted on July 19, 2011 by Wendy Couture

Case: Fitzgerald v. PNC, Case No. 10-CV-452-BLW Court: United States District Court for the District of Idaho Opinion Title: Memorandum Decision and Order Date Issued: April 22, 2011 Judge: Chief Judge B. Lynn Winmill, United States District Judge Issue: Whether … Continue reading →

Posted in Fair Debt Collection Practices Act, Fair Debt Collection Practices Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, PROPERTY SECURITY, STATUTES | Comments Off

A Blanket Mechanic’s Lien Against An Entire Property Should Be Equitably Apportioned Based On Acreage

Posted on June 23, 2011 by Wendy Couture

Case: American Bank v. BRN Development, Inc., Case No. CV-09-2619 Court: District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai Opinion Title: Memorandum Decision and Order Re: Sundance Investments, LLLP’s … Continue reading →

Posted in Equitable Apportionment, Hon. John P. Luster, IDAHO BUSINESS LAW TOPIC, Idaho Code 45-501, Mechanic's Liens, Nolan Sorensen, PROPERTY SECURITY, STATUTES | Comments Off

Although An Eventual Deficiency Judgment May Be Greater Than Contract Damages, the Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Improper Windfall

Posted on June 21, 2011 by Wendy Couture

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading →

Posted in CONTRACTS, Deficiency Judgments, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, PROPERTY SECURITY, Renee Karel, Specific Performance, Specific Performance | Comments Off

Mere Compliance With The Idaho Trust Deed Act’s Procedural Requirements Is Insufficient To Establish A Party’s Substantive Right to Institute Non-Judicial Foreclosure Proceedings

Posted on March 24, 2011 by Wendy Couture

Case: Armacost v. HSBC Bank USA, Case No. 10-CV-274-EJL-LMB      Court: United States District Court for the District of Idaho Opinion Title: Report and Recommendation Date Issued:    February 9, 2011 Judge: Honorable Larry M. Boyle, United States Magistrate Judge Issue: Whether … Continue reading →

Posted in Hon. Larry M. Boyle, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Non-Judicial Foreclosure, PROPERTY SECURITY, Wendy Couture | Comments Off

Instituting Non-Judicial Foreclosure Proceedings Without The Substantive Right To Do So Is Potentially Actionable Under the Fair Debt Collection Practices Act

Posted on March 23, 2011 by Wendy Couture

Case: Armacost v. HSBC Bank USA, Case No. 10-CV-274-EJL-LMB      Court: United States District Court for the District of Idaho Opinion Title: Report and Recommendation Date Issued:    February 9, 2011 Judge: Honorable Larry M. Boyle, United States Magistrate Judge Issue: Whether … Continue reading →

Posted in Fair Debt Collection Practices Act, Fair Debt Collection Practices Act, Hon. Larry M. Boyle, IDAHO BUSINESS LAW TOPIC, Non-Judicial Foreclosure, PROPERTY SECURITY, STATUTES, Wendy Couture | Comments Off