Updated on August 30th, 2022
An Idaho deed of trust is a real estate transaction instrument that transfers the title of real property to a trustee while a trustor (“borrower”) repays a loan to a beneficiary (“lender”). The trustee will hold the property’s title until the loan is repaid in full by the trustor, at which time the property’s title will transfer to the trustor. Deeds of trust often include a “power of sale” clause, which allows for the non-judicial foreclosure of the property if the borrower fails to uphold their payment obligations.
- Statutes: Chs. 15 – Trust Deeds and 45 – Liens, Mortgages and Pledges
- Formatting: §§ 55-601, 31-3205(6)
- Signing Requirements (§ 55-805): Notary Public
- Where to Record (§ 55-808): County Recorder
- Recording Fees: (§ 31-3205(b)(i)): $15 for the first thirty (30) pages; $3 for each additional page.
Related Forms (1)
Idaho Promissory Note – Details specific repayment terms between a moneylender and a borrower.
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