11-402. REDEMPTION — HOW MADE. The judgment debtor or redemptioner may redeem the property from the purchaser within one (1) year after the sale, if the real property sold consisted of a tract of land of more than twenty (20) acres, and within six (6) months after the sale if the real property sold consisted of a tract of land of twenty (20) acres or less, on paying the purchaser the amount of his purchase with interest thereon at the rate allowed in section 28-22-104(1), Idaho Code, from the date of sale to the date of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after the commencement of the action and which are not included in the judgment, and interest at the rate allowed in section 28-22-104(1), Idaho Code, on such amount; and, if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest at the rate allowed in section 28-22-104(1), Idaho Code; provided, in mortgage foreclosure proceedings, the amount necessary to redeem the property sold under execution shall not include any sum for attorney’s fees greater than the fee actually paid by the judgment creditor or which the judgment creditor has by written instrument become unconditionally obligated to pay to his attorney for prosecuting his claim to judgment; and provided, further, the amount of such fee shall be proven by affidavits of the attorney who has received and the person who has paid the fee or by other competent evidence to be presented to the sheriff for his guidance in carrying out the provisions of law relating to redemption; and, provided further, that such redemptioner shall not be required to pay any attorney’s fees unless such fees shall have been paid within six (6) months after the sheriff’s certificate of sale shall have issued, or within such time the judgment creditor has become unconditionally obligated by written instrument to pay such fees.

History:

[(11-402) C.C.P. 1881, sec. 452; R.S., sec. 4492; am. 1895, p. 34, sec. 1; reen. 1899, p. 241, sec. 1; reen. R.C. & C.L., sec. 4492; C.S., sec. 6933; I.C.A., sec. 8-402; am. 1937, ch. 64, sec. 3, p. 85; am. 1967, ch. 293, sec. 1, p. 825; am. 1970, ch. 100, sec. 1, p. 250; am. 1982, ch. 322, sec. 1, p. 795.]