State Foreclosure Law
Idaho Foreclosure Laws
Idaho is a non-judicial foreclosure state — the standard path for residential foreclosures uses the trustee's sale process under the Idaho Trust Deeds Act (Idaho Code § 45-1502 to 45-1515). Both judicial and non-judicial tracks are available, but non-judicial is dominant for deeds of trust.
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
16 cited
29 needs check
3 gaps
Not legal advice. This page provides general information about Idaho foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — always confirm current statute text and consult a Idaho-licensed attorney for advice specific to your situation.
Governing Statutes
| Citation | Title | Covers |
|---|---|---|
| Idaho Code § 45-1502 to 45-1515 | Idaho Trust Deeds Act — Non-Judicial Foreclosure | Primary framework for non-judicial trustee's sale foreclosure of deeds of trust in Idaho. Establishes the entire non-judicial foreclosure process: Notice of Default recording and mailing (§ 45-1505), 120-day waiting period, 115-day cure right (§ 45-1506(12)), Notice of Sale requirements (§ 45-1506), trustee's sale procedures, post-sale deficiency rules (§ 45-1512), and the borrower-initiated mediation program (§ 45-1506C). |
| Idaho Code § 45-1505 | Notice of Default — Recording and Mailing | Requires the trustee to record a Notice of Default with the county recorder and mail it to the borrower at least 120 days before the scheduled trustee's sale. The Notice of Default starts the foreclosure timeline and triggers the borrower's 115-day cure period and 20-day mediation request window. |
| Idaho Code § 45-1506 | Notice of Sale and Sale Procedures | Governs the Notice of Sale requirements: must be published once a week for four consecutive weeks in a newspaper of general circulation in the county, posted on the property, and mailed to the borrower. Sale must occur at least 120 days after Notice of Default recording. Also establishes the 115-day cure right (subsection 12). |
| Idaho Code § 45-1506C | Idaho Foreclosure Mediation Program | Enacted in 2011 in response to the GFC foreclosure crisis. Establishes a borrower-initiated mediation program: the borrower may request mediation within 20 days of receiving the Notice of Default. A mediator is appointed through the Idaho Supreme Court's designated program. Mediation can add 60-90 days to the process. The program is designed to encourage loan modifications and loss mitigation before sale. |
| Idaho Code § 45-1512 | Deficiency Judgment After Non-Judicial Sale | Governs deficiency rights after non-judicial trustee's sale. Lender must file a separate court action within 3 months of sale. Court must credit fair market value (not just sale price) against the debt. Subsection (b) — the 2011 Idaho Homeowner Protection Act — bars deficiency judgments after non-judicial sale of residential property (1-4 units) that was the borrower's primary residence at the time of loan origination (purchase-money anti-deficiency). |
| Idaho Code § 55-1003 | Homestead Exemption | Establishes a $175,000 homestead exemption for Idaho residents. Protects that amount of equity in the homeowner's primary residence from forced sale by judgment creditors. Must be filed as a declaration of homestead (or automatic for head of household). Does NOT protect against mortgage or deed of trust foreclosure. |
| Idaho Code § 6-101 | Judicial Foreclosure — General Mortgage Law | General statute authorizing judicial foreclosure of mortgages and deeds of trust through court action. Rarely used for residential properties because the non-judicial trust deed process is faster and less expensive. Provides for 6-month post-sale redemption period (Idaho Code § 11-402), which can be reduced for abandoned property. |
Non-Judicial Foreclosure Process
Awaiting verification1
Default and Federal 120-Day Waiting Period
At least 120 days after first payment delinquency
Federal law requires your servicer to wait at least 120 days after the first missed payment before starting foreclosure. During this time, the servicer must try to contact you and review you for loss mitigation options. Idaho adds no separate state-specific waiting period beyond the federal requirement, but the foreclosure clock does not start until the Notice of Default is recorded.
2
Notice of Default Recorded and Mailed
After federal 120-day delinquency requirement is met; starts the 120-day NOD-to-sale clock and 115-day cure period
The trustee records a Notice of Default (NOD) with the county recorder's office and mails it to you at your last known address. The NOD starts two critical clocks: (1) you have 115 days from NOD recording to cure the default, and (2) you have 20 days from receiving the NOD to request mediation under Idaho's Foreclosure Mediation Program (Idaho Code § 45-1506C). The sale cannot occur until at least 120 days after the NOD is recorded.
§
Defense opportunity: If you request mediation within 20 days of receiving the NOD, the foreclosure timeline pauses while mediation is conducted. This is your single best opportunity to negotiate a loan modification or workout.
3
Right to Cure (115 Days from NOD Recording)
115 days from NOD recording date
You have 115 days from the date the Notice of Default was recorded to cure the default by paying all past-due amounts, late fees, trustee fees, and costs. If you cure within this window, the foreclosure stops and the trustee must record a cancellation of the Notice of Default. This is one of the longer cure periods among non-judicial foreclosure states.
§
4
Notice of Sale Published, Posted, and Mailed
Published once/week for 4 consecutive weeks; sale at least 120 days after NOD recording
The trustee publishes a Notice of Sale once a week for four consecutive weeks in a newspaper of general circulation in the county where the property is located. The notice is also posted on the property and mailed to you. The Notice of Sale must include the property description, the date, time, and place of sale, and the trustee's identity. The sale must be scheduled at least 120 days after the NOD was recorded.
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Defense opportunity: If the trustee fails to provide proper notice (incorrect publication, missing posting on property, wrong address for mailing), you may challenge the sale in court.
5
Optional: Foreclosure Mediation
Borrower must request within 20 days of NOD; mediation process adds 60-90 days to timeline
If you requested mediation within 20 days of the NOD, a mediator is appointed through the Idaho Supreme Court's designated program. Both you and the lender must participate in good faith. Mediation focuses on exploring loss mitigation alternatives: loan modification, forbearance, short sale, or deed in lieu. The mediation process typically adds 60-90 days to the foreclosure timeline. Mediation is borrower-initiated, not mandatory.
§
Defense opportunity: Mediation is the primary forum for negotiating a workout. The lender must participate in good faith. If the lender fails to participate, the borrower may challenge the foreclosure.
6
Trustee's Sale at Public Auction
At least 120 days after NOD recording; on the advertised sale date
The trustee holds a public auction at the location specified in the Notice of Sale — typically the county courthouse or another designated public place. The lender can credit bid up to the full outstanding debt without paying cash. Third-party bidders must pay in cash or certified funds. The highest bidder receives a trustee's deed. There is NO post-sale redemption period for non-judicial trustee's sales in Idaho — the sale is final.
§
Defense opportunity: You can challenge the sale if the trustee did not comply with notice requirements, if there was fraud, or if the sale price was grossly inadequate combined with procedural irregularity.
7
Trustee's Deed Recorded and Possession
Immediately after sale; eviction proceedings 3-6 weeks if needed
The trustee records the deed with the county recorder's office, transferring title to the purchaser. There is no post-sale redemption right for non-judicial sales in Idaho — the sale is final. If you do not leave voluntarily, the buyer can file for eviction. Tenants with valid leases get 90 days' notice under federal PTFA.
Judicial Foreclosure Process
Awaiting verification1
Complaint Filed in District Court
After 120-day federal delinquency requirement is met
Lender files a foreclosure complaint in the district court of the county where the property is located. Names all parties with an interest in the property. Requests foreclosure judgment and court-ordered sale.
2
Service, Answer, Judgment, and Court-Ordered Sale
6-12 months from complaint filing in typical uncontested case
Defendants are served; borrower has 21 days to answer. Court enters foreclosure judgment (default or after hearing). Property is advertised and sold at public auction under court supervision. Court confirms the sale.
3
Post-Sale Redemption Period (Judicial Only)
6 months from judicial sale (reducible to zero for abandoned property)
After a judicial foreclosure sale, the borrower has a 6-month redemption period to reclaim the property by paying the sale price plus interest and costs. This redemption period can be reduced to zero for properties the court determines are abandoned. The 6-month redemption period does NOT apply to non-judicial trustee's sales.
§
Homeowner Protections
Awaiting verificationHomestead Exemption
$175,000. Protects up to $175,000 of equity in your primary residence from judgment creditors. Must be filed as a declaration of homestead with the county recorder (or automatic for head of household). Does NOT stop mortgage or deed of trust foreclosure.
§
Must file a homestead declaration. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Allowed with limitations
§
Two-tier deficiency protection: (1) For all non-judicial sales, deficiency actions must be filed within 3 months and the court must credit FMV against the debt. (2) For purchase-money trust deeds on the borrower's primary residence (1-4 units), deficiency is barred entirely under the 2011 Idaho Homeowner Protection Act.
Right of Redemption
No post-sale redemption for non-judicial trustee's sale.
Pre-sale reinstatement available. Before the trustee's sale.
Right to Cure
You have 115 days from the date the Notice of Default was recorded to cure the default by paying all past-due amounts, late fees, trustee fees, and costs
§
All arrears, late charges, trustee fees, and costs to reinstate; full accelerated balance to satisfy
Idaho Foreclosure Mediation Program
Awaiting verificationIdaho's mediation program applies to: Borrowers who have received a Notice of Default on a deed of trust covering residential property. §
Key Requirements
Free Legal Resources in Idaho
- Idaho Legal Aid Services, Inc.Free civil legal services for low-income Idahoans, including housing and foreclosure defense. Rural coverage is limited.idaholegalaid.org →
- Idaho Volunteer Lawyers ProgramConnects low-income Idahoans with volunteer attorneys for free legal assistance including foreclosure defense and mediation preparation.isb.idaho.gov/ilf/ivlp →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in Idaho. Can help with loan modification applications, mediation preparation, and understanding your options.Find a counselor in Idaho →
- Idaho Attorney General Consumer ProtectionReport mortgage fraud and consumer protection violations. Toll-free: 1-800-432-3545.208-334-2424 →
- Idaho Housing and Finance Association (IHFA)State housing programs and HAF assistance. Toll-free: 1-877-438-4472.208-331-4882 →
Find Help in Idaho
We maintain a verified directory of free and low-cost help providers in Idaho. All are government-approved or federally funded.
National Foreclosure Guides
These guides explain foreclosure at the federal level — your rights, your options, and what to do at each stage. They apply in every state, including Idaho.
Facing Foreclosure?
Overview of the process, your options, and where to get free help
How to Stop Foreclosure
Steps you can take today — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
What to do if you've missed a payment or know you'll miss one soon
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure
Idaho Distress Data
The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Idaho homeowners:
Foreclosure Filings
National trend
Idaho has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
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If you're facing foreclosure in Idaho, free help is available right now. Call the HUD Housing Counseling Hotline at 1-800-569-4287 or find a HUD-approved housing counselor near you at no cost.