Idaho Foreclosure Law
Idaho foreclosures are primarily accomplished through
out-of-court proceedings. The typical timeline for an
out-of-court Idaho foreclosure is five months.
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.
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