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Section 55-1005 - TO WHAT JUDGMENTS SUBJECT.

ID Code § 55-1005 (2019) (N/A)
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55-1005. TO WHAT JUDGMENTS SUBJECT. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

(1) Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective.

(2) On debts secured by mechanic’s, laborer’s or vendor’s lien upon the premises.

(3) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant.

(4) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.

History:

[55-1005, added 1989, ch. 371, sec. 2, p. 935.]

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Section 55-1004 - AUTOMATIC HOMESTEAD EXEMPTION — CONDITIONS — DECLARATION OF HOMESTEAD — DECLARATION OF ABANDONMENT.
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Section 55-1006 - PRESUMPTION OF ABANDONMENT — DECLARATION OF NONABANDONMENT.