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Federal Land Bank of Spokane v. Parsons

118 Idaho 324 (Idaho Ct. App. 1990)
Federal Land Bank of Spokane v. Parsons

6 Citing cases

  1. Elliott v. Darwin Neibaur Farms

    138 Idaho 774 (Idaho 2003)   Cited 12 times

    The Idaho Court of Appeals has applied I.C. § 6-101, holding that the payment of a debt secured by a mortgage must first be sought from the mortgaged property. Federal Land Bank of Spokane v. Parsons, 118 Idaho 324, 327, 796 P.2d 533, 536 (Ct.App. 1990). "To collect on the debt, the mortgage must be foreclosed.

  2. In re Thomason

    Bankruptcy Case No. 03-42400, Adv. Proceeding Case No. 04-6134 (Bankr. D. Idaho Jun. 9, 2006)

    The Idaho Court of Appeals has applied I.C. § 6-101, holding that the payment of a debt secured by a mortgage must first be sought from the mortgaged property. Federal Land Bank of Spokane v. Parsons, 796 P.2d 533, 536 (Idaho Ct.App. 1990). "To collect on the debt, the mortgage must be foreclosed. The creditor may not simply sue on the debt and collect by execution on the judgment.

  3. Pro Indiviso, Inc. v. Mid-Mile Holding

    131 Idaho 741 (Idaho 1998)   Cited 8 times
    In Pro Indiviso, the Court held that since the protestors claimed no interest in the trust or in the property, the protestors had no standing to challenge the I.R.S.'s sale of the property.

    Farmers National Bank v. Shirey, 126 Idaho 63, 67-68, 878 P.2d 762, 766-67 (1994) (citations omitted). A trial court's grant of a writ of assistance is reviewed for abuse of discretion. Williams v. Sherman, 35 Idaho 169, 205 P. 259 (1922); Federal Land Bank v. Parsons, 118 Idaho 324, 796 P.2d 533 (Ct.App. 1990). III.SUMMARY JUDGMENT

  4. Bryant v. Tamarack Mun. Ass'n, Inc.

    Case No. 4:14-cv-00339-BLW (D. Idaho Jan. 7, 2015)

    "'Only if there is a deficiency [after the foreclosure sale], will the mortgagee be allowed to pursue the other assets of the mortgage debtor." Id. (quoting Fed. Land Bank of Spokane v. Parsons, 796 P.2d 533, 536 (Id. Ct. App. 1990)). Thus, according to TMA, until Bryant purchases Osprey Meadows at a sheriff's sale, she has no right to modify or terminate the lease between TMA and WMG. The Court is not persuaded.

  5. In re Ellis

    Bankruptcy Case No. 08-41299-JDP (Bankr. D. Idaho Jan. 7, 2011)   Cited 6 times
    Holding that "both state law and the Bankruptcy Code prevent Debtors from asserting any exemption in the proceeds from the sale of the house until all amounts due on the . . . deed of trust are paid to Trustee."

    SeeFed. Land Bank of Spokane v. Parsons, 796 P.2d 533, 536 (Idaho App. 1990). Under state law, then, Debtors' homestead exemption does not trump a deed of trust.

  6. Bennett v. Bank of E. Or.

    167 Idaho 481 (Idaho 2020)   Cited 9 times   1 Legal Analyses
    Holding "an expired judgment lien nevertheless constitutes a cloud on title redressable by the quiet-title action."

    ); Frazier , 115 Idaho at 740, 769 P.2d at 1112 ; Elliott v. Darwin Neibaur Farms , 138 Idaho 774, 781, 69 P.3d 1035, 1042 (2003) ; see also Fed. Land Bank of Spokane v. Parsons , 118 Idaho 324, 327, 796 P.2d 533, 536 (Ct. App. 1990) ("Idaho law protects property not subject to the mortgage unless the value of the mortgaged property is exhausted."). In other words, a creditor may only impair the debtor's assets which were not pledged as collateral if there is a deficiency after foreclosing on the pledged property.