Idaho Code §§ 55-2001 to 55-2020 § 55-2009B

SALE TO SATISFY LIENS.

In Force
Verified 10/22/2026 · Next check 10/23/2026
IdahoEviction & Just Cause

Operative Text

Idaho Code §§ 55-2001 to 55-2020 § 55-2009B
(1) When a home has been abandoned, the landlord, as the possessory lienholder, may proceed to conduct a sale of the abandoned home to satisfy the lien and costs of sale, if an authorization to conduct a lien sale has been issued by the department or a judgment has been entered in favor of the landlord on the claim which gives rise to the lien or the legal owner of the home and any lienholder have signed a release of any interest in the home.
(2) A possessory lienholder may apply to the department for the issuance of an authorization to conduct a lien sale. The application shall include all of the following information:
(a) A description of the abandoned home including the year and make and the vehicle identification number;
(b) The names and addresses of the legal owners of the abandoned home, if known, and the names and addresses of other persons whom the lienholder knows or reasonably should know to claim an interest in the home;
(c) A statement of the amount of the lien and the facts concerning the claim that give rise to the lien; and
(d) A statement that the lienholder has no information or belief that there is a valid defense to the claim that gives rise to the lien.
(3) Upon receipt of an application, the department shall send a copy of the application to the legal owners at their addresses of record with the department and to any other interested persons listed in the application. The department shall also send a notice which shall include the following information:
(a) That an application has been made with the department for the issuance of an authorization to conduct a lien sale;
(b) That the person has a legal right to a hearing in court;
(c) That if a hearing in court is desired, an enclosed declaration of opposition must be signed and returned;
(d) That if the declaration is signed and returned, the possessory lienholder will be allowed to sell the abandoned home only if he obtains a judgment in court or obtains a release from the legal owners;
(e) That the department will issue the authorization to conduct a lien sale unless the person signs and returns the declaration of opposition within ten (10) days after the date the notice was mailed; and
(f) That the person may be liable for costs if the lienholder brings an action and if a judgment is entered in favor of the lienholder.
(4) If the department receives a timely mailed declaration of opposition, it shall notify the possessory lienholder that he or she may not conduct a lien sale unless:
(a) A judgment has been entered in his or her favor on the claim which gives rise to the lien; or
(b) The legal owners of the abandoned home have signed a release of any interest in the home.
(5) An applicant shall include with his application for lien sale a fee of ten dollars ($10.00), which shall be deposited in the abandoned vehicle trust account. The fee shall be recoverable as a cost by the lienholder.
Source: Legislative text reproduced verbatim
Plain English

Idaho Code Title 55 ch. 20 § 55-2009B establishes a process by which a landlord holding a possessory lien on an abandoned manufactured home may sell that home to recover unpaid amounts. Before a sale can proceed, one of three conditions must be met: the state department issues a formal authorization, a court enters judgment in the landlord's favor, or the home's legal owner and any lienholders sign a release of interest. Owners and other interested parties receive notice and have ten days to file a declaration of opposition, which triggers a requirement that the landlord obtain a court judgment before any sale can move forward.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under § 55-2009B, a landlord seeking to sell an abandoned manufactured home to satisfy a lien must first apply to the department with a detailed description of the home, the names and addresses of known owners and interested parties, and a statement of the lien amount and its basis. The application must be accompanied by a ten-dollar fee, and the landlord must attest that no valid defense to the lien claim is known. Compliant operators ensure that all required information is accurate and complete, and they refrain from proceeding with any sale until the department issues authorization, a court judgment is obtained, or a signed release is secured from the legal owner.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 55-2009B provides important protections for anyone with a legal interest in an abandoned manufactured home, including the right to receive notice of a pending lien sale application and the right to request a court hearing. By signing and returning the declaration of opposition within ten days of the notice being mailed, an interested party can require the landlord to obtain a court judgment before any sale proceeds. Those who believe their rights under this provision may be affected can consult a tenant-rights organization, a legal aid office, or a licensed attorney familiar with Idaho manufactured home law to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Idaho Code § 55-2001
Idaho Code § 55-2003
Idaho Code § 55-2006
Idaho Code § 55-2006
Idaho Code § 55-2009A
Idaho Code § 55-2009B
Idaho Code § 55-2010
Idaho Code § 55-2014

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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