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.
|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 homeowner 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.|
|Reinstatement of loan before sale||Available within 115 days after Notice of Default and Sale is filed.|
|Redemption after sale||No|
|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, as found by the court.|
|Cash exempted in bankruptcy||None|
|Notice to leave after house is sold||New owner is entitled to possession of the property on the 10th 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|