Montierth v. Dorssers

Summary

The Idaho Supreme Court reversed summary judgment that had declared the first mortgage unenforceable as time-barred. It held that a payment may revive enforceability under Idaho Code section 5-238 even when made after the limitations period initially expired, and that genuine factual disputes existed concerning whether the payments recognized the debt and were made by or on behalf of an obligor. The Court also held that the defendant's lis pendens was timely and improperly stricken, reversed the costs award, and remanded for further proceedings.