Idaho Code 28-12-307 – Priority of Liens Arising by Attachment or Levy On, Security Interests In, and Other Claims to Goods
Current as of: 2023 | Check for updates
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(1) Except as otherwise provided in section 28-12-306, a creditor of a lessee takes subject to the lease contract.
(2) Except as otherwise provided in subsection (3) of this section and in sections 28-12-306 and 28-12-308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.
Terms Used In Idaho Code 28-12-307
- Contract: A legal written agreement that becomes binding when signed.
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (section 28-12-309, Idaho Code), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Idaho Code 28-12-103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Idaho Code 28-12-103
- Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See Idaho Code 28-12-103
- Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Idaho Code 28-12-103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Idaho Code 28-12-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Idaho Code 28-12-103