Summary of Idaho's Foreclosure Laws

Learn about the key features of Idaho foreclosure law.

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.


State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Notice of the foreclosure

Foreclosing party must mail homeowner a notice of default and a 120-day notice of sale before the date set for sale. Foreclosing party must also make attempt to personally serve occupant with notice of sale and post notice of sale on property at least 30 days before the sale, as well as publish notice of sale over four consecutive weeks at least 30 days before sale. The notice of default 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 is filed

Redemption after sale

Not available after a nonjudicial foreclosure

Special protections for foreclosures involving high-cost mortgages


Special state protections for service members

Idaho law extends protections of federal Servicemembers Civil Relief Act to national guard ordered to state active duty by governor in certain circumstances. 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


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.

Foreclosure statutes

Idaho Code § § 45-1505 to 45-1515

Talk to a Lawyer

Start here to find foreclosure lawyers near you.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you

Talk to a Foreclosure attorney.

We've helped 75 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you