# Idaho Code § 26-31-109: 26-31-109 MORTGAGE RECOVERY FUND

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-109

## Section

- **Citation:** Idaho Code § 26-31-109
- **Heading:** 26-31-109 MORTGAGE RECOVERY FUND
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 26 / Chapter 31 / Section 26-31-109

## Text

PART 1.

GENERAL PROVISIONS

26-31-109. MORTGAGE RECOVERY FUND. (1) There is hereby created in the state treasury the mortgage recovery fund.

(2) As provided in section 26-31-112, Idaho Code, the mortgage recovery fund shall be used to reimburse persons to whom an Idaho court awards actual damages resulting from acts constituting violations of this chapter by a mortgage broker, mortgage lender or mortgage loan originator who was licensed, or required to be licensed, under this chapter at the time that the act was committed.

(3) A recovery from the mortgage recovery fund shall not include punitive damages awarded by a court.

(4) Payments from the mortgage recovery fund may not be made to:

(a) Any lender whose acts, or the acts of its agent, were found by a court to be violations of this chapter and a basis of the court's award of a money judgment to a person injured by such violations;

(b) Any person who acquires a mortgage loan where acts associated with the origination of such loan are found by a court to be violations of this chapter and a basis for a judgment obtained by a person injured by such violations; or

(c) The spouse, the personal representative of the spouse of the judgment debtor or the personal representative of the judgment debtor.

History:

[26-31-109, added 2009, ch. 97, sec. 2, p. 285.]

## Nearby sections

- [Idaho Code § 26-31-101 26-31-101 SHORT TITLE AND SCOPE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-101.md)
- [Idaho Code § 26-31-102 26-31-102 GENERAL DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-102.md)
- [Idaho Code § 26-31-103 26-31-103 DIRECTOR'S AUTHORITY UNDER THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-103.md)
- [Idaho Code § 26-31-104 26-31-104 BORROWER'S REMEDIES NOT AFFECTED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-104.md)
- [Idaho Code § 26-31-105 26-31-105 RELATIONSHIP TO OTHER LAWS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-105.md)
- [Idaho Code § 26-31-106 26-31-106 FUNDS COLLECTED UNDER THIS CHAPTER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-106.md)
- [Idaho Code § 26-31-107 26-31-107 CHARGES FOR PARTICIPATION IN THE NMLSR.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-107.md)
- [Idaho Code § 26-31-108 26-31-108 REPORT TO NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-108.md)
- [Idaho Code § 26-31-109 26-31-109 MORTGAGE RECOVERY FUND.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-109.md)
- [Idaho Code § 26-31-110 26-31-110 FUNDING.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-110.md)
- [Idaho Code § 26-31-111 26-31-111 STATUTE OF LIMITATIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-111.md)
- [Idaho Code § 26-31-112 26-31-112 PROCEDURE FOR RECOVERY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-112.md)
- [Idaho Code § 26-31-113 26-31-113 RECOVERY LIMITS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-113.md)
- [Idaho Code § 26-31-114 26-31-114 REVOCATION OF LICENSE FOR PAYMENT FROM MORTGAGE RECOVERY FUND.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C31_S26-31-109. Check the current official text before relying on it. Not legal advice.