Idaho § 45-116 - Effect of modification on priority of lien
Full text of Idaho Idaho Statutes § 45-116 — Effect of modification on priority of lien, with citation guidance and answers to common questions.
§ 45-116. Effect of modification on priority of lien
(1) The lien of a mortgage and its priority shall not be affected by provisions in the mortgage instrument or in the note or other agreement evidencing the obligation that the mortgage secures, or by the exercise of such provisions by the mortgagee:
(a) which provide for the renegotiation or adjustment of the interest rate at designated intervals, the effect of which may be to increase or decrease the number of periodic payments to be made, or extend or shorten the terms of payment, or both; or
(b) which results in an increase in the underlying mortgage obligation during a portion of the designated term of the mortgage because of deferment of all or a portion of interest payments and the addition of such payments to the outstanding principal balance of the mortgage.
The mortgagee may issue new notes at designated intervals during the term of the mortgage to reflect the modifications described herein.
(2) The provisions of subsection (1) of this section shall apply where the terms of the obligation provide that the interest rate, payment terms, or balance due on the loan may be indexed, adjusted, renewed or renegotiated and the mortgage instrument received for recordation discloses that fact.
(3) As used in this section, the term "mortgage" includes deed of trust.
[45-116, added 1982, ch. 245, sec. 1, p. 632.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 45-116
What does Idaho Statutes § 45-116 cover?
Section 45-116 ("Effect of modification on priority of lien") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 45-116?
A common citation format is "Idaho Statutes § 45-116" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 45-116 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.