Idaho Foreclosure Timeline and Laws

Idaho Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you. You risk losing your home.

The primary method of foreclosure used in Idaho is non-judicial foreclosure.  Judicial foreclosure sales are conducted when there is no power of sale clause in the deed of trust.

Notice Requirements for Foreclosure in Idaho

The notice of sale must be recorded in the county where the property is located and given to the borrower at least 120 days before the date of the sale. The lender must publish the notice of sale in a local newspaper once a week for four weeks. The final publication must be at least 30 days before the sale date.

When the property is occupied, there must be a least three good faith attempts to serve the notice of sale on different days during a seven day period to the adult occupants of the property at least 30 days prior to the sale. The borrower has 115 days to stop the foreclosure by paying the arrearages and costs and fees.

Idaho Deficiency and Anti-Deficiency Laws

Deficiency actions must be brought by the lender within 90 days after the foreclosure sale if the property is sold for less than the loan amount.

Idaho Redemption Rights

Idaho has no statutory right of redemption.

Idaho Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• Idaho Foreclosure Avoidance Counseling -HUD
• The Home Affordable Mortgage Modification Program
• The Home Affordable Refinance Program
• The Home Affordable Foreclosure Alternatives Program
• FHA Secure
• Hope for Homeowners

Foreclosure Lawyer

Idaho foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.