Idaho Foreclosure Laws

Written by Manuel Martinez, RealtyTrac contributorPublished Jun 6, 2013

Last updated Aug 10, 2023

Key Takeaways

Idaho foreclosures are typically nonjudicial trustee sales, with a process period of about 150 days.
Borrowers have at least 115 days after the default notice to cure.
The notice of sale must be mailed at least 120 days before the sale.
The winning bidder gets possession 10 days after the sale.
Out-of-court Idaho foreclosures give no redemption rights after the sale.

Foreclosure Process Overview

Judicial	Non Judicial	Comment	Process Period	Publish Sale	Redemption Period	Sale/NTS
•	•	Trustee Sale	150 days	45 days	365 days	Trustee

Pre-foreclosure Period

A foreclosure in Idaho begins when the lender mails a notice of default to the borrower. The notice must also be sent to any person who has requested notice. The borrower has at least 115 days to resolve the default and stop the foreclosure process by paying the lender the full amount due, including costs. In some instances, the lender may allow the borrower to stop the foreclosure up to the public sale date.

The lender also files a notice of default with the county recorder. After the notice of default is recorded, the lender can schedule and advertise the foreclosure sale.

Notice of Sale / Auction

At least 120 days before the sale date, a notice of sale is mailed to the borrower. The notice includes the trustee, lender, and borrower names; a description of the property; default information; the amount owed; and the date, time and location of the sale. The lender also publishes the notice of sale in a local newspaper once a week for four weeks, and the final publication has to be at least 30 days before the sale date.

The trustee’s attorney conducts the sale. The trustee may postpone the sale up to 30 days by public announcement at the originally scheduled sale. The trustee may also reschedule the sale, in which case a new notice of sale must be published and sent to the parties involved again. The trustee sale is at the date, time and place designated in the notice of sale or rescheduled sale (usually between 9:00 a.m. and 4:00 p.m.). Any person may bid, and the trustee transfers ownership of the property to the winning bidder after receiving full payment. The winning bidder is entitled to possession of the property 10 days after the sale.

Idaho foreclosures conducted out of court do not provide redemption rights for the borrower after the sale.

Frequently Asked Questions

How long does foreclosure take in Idaho?

This article lists a process period of about 150 days for a trustee sale.

Can you stop a foreclosure in Idaho?

Yes. The borrower has at least 115 days to pay the full amount due, including costs, and some lenders allow this up to the sale date.

Is there a redemption period after an Idaho foreclosure sale?

Foreclosures conducted out of court do not provide redemption rights after the sale.

Sources & References

Outside sources cited in this article.

Idaho Code 45-1506 - Foreclosure by advertisement and sale, notice of sale, Idaho State Legislature
Idaho Code 45-1508 - Finality of sale, Idaho State Legislature

About the author: Manuel Martinez

RealtyTrac contributor

Manuel Martinez is a contributor to RealtyTrac who writes about local housing markets, home buying and real estate investing. He has written for RealtyTrac since 2013, covering city and state market reports, home buying guides and tips, investment financing and strategies for buying and flipping homes.