Finding Foreclosure Help in Idaho

Finding Foreclosure Help in Idaho

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Boise Field Office

800 Park Blvd, Suite 220
Boise, ID 83712

Phone: (208) 334-1990

Email: ID_Webmanager@hud.gov

Fax: (208) 334-9648
TTY: (208) 334-9094

Jurisdiction: State of Idaho

William B. Jolley

Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.,
Monday through Friday

Idaho Foreclosure Laws Summary

Quick Facts:

Judicial foreclosure process is not available.
Non-judicial foreclosure process is available.
The primary security instruments are deeds of trust.
The timeline can vary by process, which typically takes 150 days.
The borrower has rights of redemption.
The lender may sue for deficiency judgements.
Lenders in Idaho may foreclose on mortgages in default through a non-judicial process.

Non-Judicial Foreclosure
When a power of sale clause is present in a deed of trust, this means that the borrower has pre-authorized the sale of the property to pay off any debts in the event of their default. The power to sell the property is in the hands of the lender or a representative, usually referred to as the trustee. The sale must be done following the guidelines outlined below.

Power of Sale Foreclosure Guidelines
If there are no terms of sale stated in the power of sale clause, the foreclosure process must be done as follows:

A notice of sale must be sent to the borrower at least 120 days prior to the date of sale. This notice must also be recorded in the county where the property is located. The same notice must also be published in the county newspaper once a week for 4 consecutive weeks, with the last ad published at least 30 days before the date of sale.

The notice must contain information about the sale such as a description of the property, where it is located, the names of the parties involved, time and place of sale, as well as the person to contact when inquiring about the sale.

The sale must be conducted on the date indicated on the notice of sale. If it must be postponed, it can only be rescheduled at least 30 days before the originally scheduled date.

For properties greater than 20 acres, the borrower has until 1 year to reclaim the property. For properties smaller than 20 acres, the time period is reduced to 6 months.