Summary of Idaho's Foreclosure Laws

Related Ads
Need Professional Help? Talk to a Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

If you are facing foreclosure in Idaho, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Idaho
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Idaho foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Time to respond

Foreclosing party must give homeowner 120-day notice of default and sale before the date set for sale, make additional attempts to personally serve occupant with notice of sale, post notice of sale on property at least 30 days before the sale, and publish notice of sale over four consecutive weeks at least 30 days before sale. The notice of default and sale must be accompanied by a modification request form. The lender must respond to a request for modification within 45 days and may not proceed to a foreclosure sale until it has responded to the modification request.

Reinstatement of loan before sale

Available within 115 days after notice of default and sale is filed.

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

Idaho Code § 46-409

Deficiency judgments

May be obtained in a lawsuit brought within three months after sale. Amount of deficiency is limited by fair market value at time of sale.

Cash exempted in bankruptcy

None

Notice to leave after house is sold

New owner is entitled to possession of the property on the tenth day following sale but must go to court to evict former owner. An eviction trial must be scheduled within 12 days after the filing of the complaint and service of the summons.

Foreclosure statutes

Idaho Code §§ 45-1502 to 45-1515

by: , J.D.

Talk to a Lawyer

Start here to find foreclosure lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO2:LDR.1.5.0.20140409.25642