- Who sends it
- Your lender (the beneficiary) or its agent, enclosed with the notice of default
- What it starts
- 30 days, from the date on the notice, for the lender to receive your form; then up to 45 days for its written answer
- Do this first
- Fill out the form, check the box to ask for a meeting, and send it by certified mail, return receipt requested, right away
What this notice is in Idaho
Idaho Code § 45-1506C applies to a noncommercial loan made by a state or federally regulated lender and secured by a deed of trust on your primary home. The lender checks the county assessor's rolls before recording the notice of default. If a homeowner's property tax exemption was granted for that year, the home counts as your primary residence and this notice is required. If no exemption was granted, the section does not apply.
The notice is printed in at least 14-point type and begins: "IMPORTANT NOTICE: YOU ARE IN DANGER OF LOSING YOUR PROPERTY IF YOU DO NOT TAKE ACTION IMMEDIATELY." It states the amount you needed to bring the loan current as of a date, a toll-free number to get the exact current amount, and an address for a certified mail request.
Under "LOAN MODIFICATION ASSISTANCE," it says: "IF YOU WANT TO APPLY FOR A MODIFICATION OF YOUR LOAN, YOU MUST COMPLETE AND RETURN THE ENCLOSED 'MODIFICATION REQUEST FORM' BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED." The form gives the return address and date and may ask about your income, expenses and contact details (§ 45-1506C(2)).
What it does and does not mean
- It is a real chance to get a review, a meeting and a written answer before any sale.
- It does not promise a modification. The law requires a review and an answer, not an approval.
- If you ask for a meeting on time, the lender or its agent must meet with you in person or talk by phone before answering, and that person must have, or be able to get, authority to modify the loan (§ 45-1506C(4)).
- If the lender tries to contact you and you do not schedule or attend within 7 business days, it can answer without the meeting (§ 45-1506C(4)(b)).
- The notice warns: "Never pay someone to help you obtain a loan modification. Help is available for free from housing counselors who are certified through the department of housing and urban development (HUD)."
The deadlines it starts and how to count them
- Return the form: the lender must receive it on or before the date printed on the notice, which is 30 days after the date on the notice (§ 45-1506C(1)). Count 30 calendar days from the notice date, and mail early because receipt is what counts.
- Lender's answer: as soon as reasonably practicable, but no later than 45 days after it receives your form, the lender must tell you in writing whether it approves, denies or needs more information (§ 45-1506C(3)). Count 45 calendar days from the date on your return receipt.
- Sale hold: a trustee's sale may not occur until the lender timely responds to a form you returned on time (§ 45-1506C(3)).
- Affidavit: at least 20 days before the sale, the trustee must record the lender's affidavit that it gave the notice and form, evaluated your request, answered in writing, and scheduled any meeting (§ 45-1506C(5)).
- The separate 115-day cure right still runs from the recording date of the notice of default (§ 45-1506(12)).
What to do this week
- Fill out the form completely. Give a phone number and an email address you check, and say whether the lender may contact you by email.
- Ask for a meeting on the form.
- Send it by certified mail, return receipt requested, to the address on the form. Keep a copy and the green card.
- Watch for the lender's call or letter to schedule the meeting, and respond within 7 business days.
- Get free help preparing your numbers from a HUD-approved counselor, such as Finally Home! Housing Counseling.
- Read how to stop foreclosure in Idaho.
If the lender skips a step
- If your home had the homeowner's exemption and you did not get this notice and form, or the lender never answered your timely form, tell a lawyer before the sale.
- The Idaho Attorney General can bring an enforcement action against anyone who fails to follow this section (§ 45-1506C(6)). File a complaint with the Consumer Protection Division at 1-800-432-3545.
- For a state-regulated mortgage company, the Idaho Department of Finance takes written complaints. See 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
Why did I not get an Idaho modification request form?
It is required only if the county granted a homeowner's property tax exemption on the home for the year the notice of default is recorded and the lender is state or federally regulated (Idaho Code § 45-1506C(1)). If you had the exemption and got no form, show your papers to a lawyer.
Will returning the Idaho form stop my sale?
If the lender receives it by the printed deadline, the sale may not occur until the lender gives you a timely written answer, due within 45 days of receiving the form (Idaho Code § 45-1506C(3)). A late form does not carry that protection.
Can I use the Idaho form and also apply to my servicer?
Yes. The state form is separate from a federal loss mitigation application. Sending both is allowed, and a complete federal application more than 37 days before the sale gets its own protection.
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.
- 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.
- 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.