Credit Bureau of Lewiston-Clarkston, Inc. v. Idaho First National Bank

The issue presented in this case was thoughtfully and definitively answered in 1915, by the well-respected and honorable Judge Frank Dietrich.2 Up until now, no court had questioned the determination that was made in 1915. Now, without discussing case precedent, a majority of this Court has thrown away what Idaho judges, practitioners, and working men and women of Idaho have relied upon for almost one hundred years.

The majority is clearly in error in holding that without the filing and recording of a lis pendens in a timely filed lien foreclosure action, a subsequent encumbrancer is not…