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Idaho · What this letter means

Idaho foreclosure letters and notices

The papers Idaho homeowners receive, in the order they usually arrive. Each page uses the name on the Idaho document, explains the deadline it starts under Idaho law, and lists what to do this week.

  1. Step 1

    Notice of Default (with the Notice Required by Idaho Law)

    In Idaho, a trustee foreclosure starts when the trustee or lender records a notice of default with the county recorder and mails you a copy. From the recording date, you have 115 days to cure by paying what is past due plus allowed costs and fees. A separate page in bold type, the Notice Required by Idaho Law, warns you about rescue offers and your 5-day right to cancel certain contracts.

    What it means
  2. Step 2

    Important Notice: You are in danger of losing your property, with Modification Request Form

    If your Idaho home has a homeowner's property tax exemption and your lender is state or federally regulated, the notice of default must come with this notice and a Modification Request Form. If the lender receives your form by the printed date, 30 days after the notice date, it must review it, meet or talk with you if you ask, and answer in writing within 45 days. The trustee's sale cannot happen until it answers on time.

    What it means
  3. Step 3

    Notice of Trustee's Sale

    The Idaho notice of sale gives the date, time and place of the trustee's auction, at least 120 days after it is mailed. It is also served or posted at the home and published in the newspaper for four weeks. Your right to cure by paying only what is past due ends 115 days after the notice of default was recorded, which can be before the sale.

    What it means
  4. Step 4

    Summons, complaint for possession and notice of trial setting after a trustee's sale

    In Idaho, the buyer at a trustee's sale is entitled to possession on the 10th day after the sale, and anyone still there is a tenant at sufferance. The buyer can file a short court case for possession without first sending a notice to quit. The court sets a trial within 12 days of filing, and you must be served at least 5 days before trial.

    What it means
  5. Step 5

    Complaint for a money judgment after a trustee's sale (deficiency lawsuit)

    Idaho lets a lender sue you for what is left on the loan after a trustee's sale, but only within 3 months after the sale. The complaint must state the debt, the sale price and the home's fair market value on the sale date. The court must find that value itself, and the judgment cannot be more than the debt minus that value, or more than the debt minus the sale price.

    What it means

Got a letter not listed here? See every foreclosure letter explained, or how foreclosure works in Idaho.