Redemption and Deficiency Judgments in Idaho
Whether you can buy back your home after a foreclosure sale in Idaho, and whether the lender can sue for what's still owed.
Short answer: After a trustee's sale, people who were given notice have no right to redeem the property from the buyer. Idaho Code §§ 45-1508, 11-402
| Redemption after the sale | 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. Source: Idaho Code §§ 45-1508, 11-402 |
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| Deficiency judgments | 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. Source: Idaho Code § 45-1512 |
More Idaho foreclosure & homeowner law
- How Foreclosure Works in Idaho
- HOA Liens and Foreclosure in Idaho
- Getting Your Home Back After a Tax Sale in Idaho
- All Idaho foreclosure & homeowner law rules
FAQ
Is there a right of redemption after foreclosure in Idaho?
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.
Can the lender come after you for the rest of the loan after foreclosure in Idaho?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.