Question 1

Is Idaho a judicial or non-judicial foreclosure state?

Accepted Answer

Both. A deed of trust gives the trustee a power of sale, so it may be foreclosed outside court "by advertisement and sale" (a trustee's sale). At the lender's option, it may instead be foreclosed in court like a mortgage. A trustee's sale cannot proceed while a lawsuit to recover the debt is pending.

Question 2

What notice is required before a foreclosure sale in Idaho?

Accepted Answer

For a trustee's sale, the trustee or lender must record a notice of default with the county recorder and mail it to owners and anyone who requested notice, with a required "NOTICE REQUIRED BY IDAHO LAW" warning about foreclosure-rescue claims and the 5-day right to rescind certain foreclosure-related contracts. At least 120 days before the sale, a notice of sale must be sent by registered or certified mail to the borrower, successors and junior lienholders. At least three good-faith attempts must be made, at least 30 days before the sale, to personally serve an adult occupant, with the notice posted on the property. The notice must also be published once a week for four weeks in a local newspaper, with the last publication at least 30 days before the sale.

Question 3

How long does foreclosure take in Idaho?

Accepted Answer

The notice of sale must be mailed at least 120 days before the trustee's sale. The last newspaper publication and the occupant-service attempts must occur at least 30 days before the sale, and affidavits of mailing, posting and publication must be recorded at least 20 days before the sale. A sale may be postponed in steps of no more than 30 days at a time; for a regulated lender's loan on a primary residence, the trustee must mail notice at least 14 days before conducting a postponed sale.

Question 4

Can you stop a foreclosure by catching up on payments in Idaho?

Accepted Answer

Yes. In a trustee's sale foreclosure, the borrower (or a junior lienholder) may cure within 115 days after the notice of default is recorded by paying the amount then due (not counting principal that would not be due without the default), plus actual enforcement costs, a reasonable trustee's fee and attorney's fees allowed by the note. In a court foreclosure, the cure may be made any time before the foreclosure decree is entered. After a cure, the proceedings are dismissed and the loan is reinstated.

Question 5

Is there a right of redemption after foreclosure in Idaho?

Accepted Answer

After a trustee's sale, people who were given notice have no right to redeem the property from the buyer. After a court-ordered sale, the judgment debtor may redeem within six months after the sale for a tract of 20 acres or less, or within one year for a tract of more than 20 acres, by paying the purchase price plus interest and certain taxes and assessments.

Question 6

Can the lender come after you for the rest of the loan after foreclosure in Idaho?

Accepted Answer

Limited. After a trustee's sale, the lender may sue for a money judgment for the balance only within 3 months after the sale. The court must find the property's fair market value at the time of sale, and the judgment cannot exceed the amount by which the debt exceeded that fair market value, nor the difference between the sale price and the debt.

Question 7

Can an HOA foreclose on your home in Idaho?

Accepted Answer

Yes, for condominiums. A condominium assessment, with interest, costs, attorney's fees and penalties allowed by the declaration, becomes a lien when the management body records a notice of assessment with the county recorder. The lien expires one year after recording unless enforcement begins first (it may be extended once for up to one more year). It may be enforced by sale in the manner allowed for powers of sale in deeds of trust or any other lawful manner.

Question 8

What must a home seller disclose in Idaho?

Accepted Answer

Yes. Anyone transferring residential real property with 1 to 4 dwelling units (including non-owner-occupied rentals), by sale, exchange, installment contract, lease-option or similar method, must complete the statutory Seller Property Disclosure Form, unless an exemption applies.

Question 9

How do you get your home back after a tax sale in Idaho?

Accepted Answer

If delinquent property taxes are not redeemed within three years from the date of delinquency, the county tax collector issues a tax deed to the county after giving the owner a notice of pending issue of tax deed (served 2 to 5 months before the deed issues). After the tax deed issues, the record owner or a party in interest may still redeem by paying the delinquency, late charges, interest and costs until the county contracts to sell or transfers the property by county deed, but the right expires 14 months after the tax deed is issued.

Question 10

Where can homeowners get free foreclosure help in Idaho?

Accepted Answer

Idaho Housing and Finance Association is a HUD-approved housing counseling agency and offers free foreclosure prevention counseling at 855-505-4700. It warns homeowners about foreclosure rescue scams, such as anyone who charges a fee for housing counseling or loan modification help or asks you to sign over your deed.

Judicial or non-judicial	Both. A deed of trust gives the trustee a power of sale, so it may be foreclosed outside court "by advertisement and sale" (a trustee's sale). At the lender's option, it may instead be foreclosed in court like a mortgage. A trustee's sale cannot proceed while a lawsuit to recover the debt is pending. The statutes do not say which method is more common. Source: Idaho Code §§ 45-1503, 45-1505
Required notices	For a trustee's sale, the trustee or lender must record a notice of default with the county recorder and mail it to owners and anyone who requested notice, with a required "NOTICE REQUIRED BY IDAHO LAW" warning about foreclosure-rescue claims and the 5-day right to rescind certain foreclosure-related contracts. At least 120 days before the sale, a notice of sale must be sent by registered or certified mail to the borrower, successors and junior lienholders. At least three good-faith attempts must be made, at least 30 days before the sale, to personally serve an adult occupant, with the notice posted on the property. The notice must also be published once a week for four weeks in a local newspaper, with the last publication at least 30 days before the sale. Source: Idaho Code §§ 45-1505, 45-1506
Time frames set by law	The notice of sale must be mailed at least 120 days before the trustee's sale. The last newspaper publication and the occupant-service attempts must occur at least 30 days before the sale, and affidavits of mailing, posting and publication must be recorded at least 20 days before the sale. A sale may be postponed in steps of no more than 30 days at a time; for a regulated lender's loan on a primary residence, the trustee must mail notice at least 14 days before conducting a postponed sale. Source: Idaho Code § 45-1506
Right to catch up (reinstate)	Yes. In a trustee's sale foreclosure, the borrower (or a junior lienholder) may cure within 115 days after the notice of default is recorded by paying the amount then due (not counting principal that would not be due without the default), plus actual enforcement costs, a reasonable trustee's fee and attorney's fees allowed by the note. In a court foreclosure, the cure may be made any time before the foreclosure decree is entered. After a cure, the proceedings are dismissed and the loan is reinstated. Source: Idaho Code § 45-1506(12)

HOA liens and foreclosure	Yes, for condominiums. A condominium assessment, with interest, costs, attorney's fees and penalties allowed by the declaration, becomes a lien when the management body records a notice of assessment with the county recorder. The lien expires one year after recording unless enforcement begins first (it may be extended once for up to one more year). It may be enforced by sale in the manner allowed for powers of sale in deeds of trust or any other lawful manner. Source: Idaho Code § 55-1518
Property tax sales	If delinquent property taxes are not redeemed within three years from the date of delinquency, the county tax collector issues a tax deed to the county after giving the owner a notice of pending issue of tax deed (served 2 to 5 months before the deed issues). After the tax deed issues, the record owner or a party in interest may still redeem by paying the delinquency, late charges, interest and costs until the county contracts to sell or transfers the property by county deed, but the right expires 14 months after the tax deed is issued. Source: Idaho Code §§ 63-1005, 63-1007
Seller disclosure	Yes. Anyone transferring residential real property with 1 to 4 dwelling units (including non-owner-occupied rentals), by sale, exchange, installment contract, lease-option or similar method, must complete the statutory Seller Property Disclosure Form, unless an exemption applies. Source: Idaho Code §§ 55-2504, 55-2508

Idaho Foreclosure Laws: Process, Timeline and Your Rights

Quick answers for Idaho

How foreclosure works

After the sale

HOAs, taxes and selling

Getting help

Foreclosure & Homeowner Law FAQ

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