Eastern Idaho Agricultural Credit Ass'n v. Neibaur , 130 Idaho 623 ( 1997 )

JOHNSON, Justice,

concurring and concurring in the result.

I concur in parts I, II, V, VI, VII, and VIII of the Court’s opinion. I concur in the result of parts III and IV.

12 U.S.C. § 2202a(b)(3) provides:

No qualified lender may foreclose or continue any foreclosure proceeding with respect to any distressed loan before the lender has completed any pending consideration of the loan for restructuring under this section.

In my view, this statute required Credit Association to complete consideration of Ira and Monica Neibaur’s April 24, 1992 restructure application before foreclosing.

SILAK, J., concurs.