- Who sends it
- The lender (or whoever now holds the debt), served on you with a court summons
- What it starts
- A lawsuit for a money judgment; you must respond by the deadline on the summons
- Do this first
- Check the filing date against the sale date, find the answer deadline on the summons, and call a lawyer
What this document is in Idaho
Idaho Code § 45-1512 allows a lender to seek a money judgment for the balance due on the loan, but only "within 3 months after any sale under a deed of trust." The complaint must set forth the entire amount of debt the deed of trust secured, the amount the home sold for, and the fair market value at the date of sale, with interest from the sale date, costs of sale and attorney's fees.
Before rendering judgment, the court must find the fair market value of the home at the time of sale.
What it does and does not mean
- It does not mean you owe the whole difference between the loan and the sale price. The judgment is capped at the amount by which the debt exceeds the home's fair market value at the time of sale, with interest from the sale date.
- It can never be more than the difference between the sale price and the entire debt secured by the deed of trust.
- If the home was worth as much as you owed on the sale date, there may be nothing to award.
- A suit filed more than 3 months after the sale is outside the statute. Raise that with the court.
The Idaho deficiency judgment page explains the limits and collection.
The deadlines and how to count them
- Lender's deadline: within 3 months after the trustee's sale (§ 45-1512). Count three calendar months from the sale date to the date the complaint was filed, shown on the court's stamp.
- Your deadline: respond in writing by the deadline printed on the summons. Missing it can lead to a default judgment.
- Collection: the extras file says a recorded Idaho judgment is a lien on your real estate for 10 years and can be renewed, and wage garnishment is capped (§§ 10-1110, 10-1111, 11-207).
What to do this week
- Write down the date you were served and the response deadline on the summons.
- Compare the sale date on your trustee's deed or notice of sale with the filing date on the complaint.
- Gather evidence of what the home was worth on the sale date: an appraisal, a broker's price opinion, recent sales of similar homes nearby, and photos.
- Contact the Idaho Volunteer Lawyers Program or the Idaho State Bar Lawyer Referral Service, both at (208) 334-4500 per the state file.
- Do not ignore the case, even if you believe you owe nothing.
Help and scam warnings
- Debt settlement companies may contact you after a lawsuit is filed. Talk to a lawyer before paying anyone to settle.
- Report unfair collection practices to the Idaho Attorney General's Consumer Protection Division at 1-800-432-3545.
- More is on the Idaho foreclosure help page.
The rest of the Idaho process
See how foreclosure works in Idaho, the timeline, ways to stop it and free help in Idaho, or read the national guide to this letter.
Common questions
How long does an Idaho lender have to sue me after a trustee's sale?
Three months after the sale (Idaho Code § 45-1512). The statute says a money judgment may be sought "at any time within 3 months after any sale under a deed of trust."
How does the Idaho court decide how much I owe?
It must find the home's fair market value at the time of sale. The judgment cannot exceed the debt minus that value, with interest from the sale date, and never more than the debt minus the actual sale price (Idaho Code § 45-1512).
Does the Idaho deficiency limit apply to a court foreclosure?
A court foreclosure has a similar rule: the deficiency cannot be more than the debt plus costs minus the reasonable value of the property as the court finds it (Idaho Code § 6-108, per the state file).
Other Idaho letters
- 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.
- Important Notice: You are in danger of losing your property, with Modification Request FormIf 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.
- Notice of Trustee's SaleThe 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.
- Summons, complaint for possession and notice of trial setting after a trustee's saleIn 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.