When The House Is Foreclosed
Idaho Code § 45-1506 — notice of sale 120 days ahead, three tries at the door, and 115 days to cure
Most Idaho homes are financed with a trust deed, which a trustee may foreclose by sale outside court. After a notice of default is recorded, notice of the sale goes by registered or certified mail to the grantor and others with a recorded interest at least 120 days before the sale.
Three tries at the door. At least three good faith attempts, on different days over at least seven days and each at least thirty days before the sale, are made to serve the notice on an adult occupant, with a copy posted on the property. The notice is also published once a week for four successive weeks, the last at least thirty days before the sale.
115 days to cure. Within 115 days of the recording of the notice of default, the grantor or a successor may cure the default by paying the whole amount then due, other than principal that would not be due without the default, with the costs of enforcing it, a reasonable trustee's fee and any attorney's fees the note provides. The proceedings are then dismissed and the trust deed goes on as if no acceleration had happened.
The sale is an auction to the highest bidder, and anyone may bid, including the lender. Personal property left in a home the buyer reasonably finds unoccupied may be stored, and disposed of only after ninety days' written notice.
A particular loan, and any way to stop or delay a sale, is a question for a licensed Idaho attorney or a HUD approved housing counselor.
Sources for this section (1)
- Idaho Code § 45-1506 — Manner of foreclosure — Notice — Sale
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.