- Who sends it
- The trustee, by registered or certified mail, plus service or posting at the home and four weeks of newspaper notice
- What it starts
- At least 120 days to the sale; postponements of no more than 30 days at a time
- Do this first
- Compare the sale date with your 115-day cure date, then call the trustee and your servicer
What this document is in Idaho
After the notice of default is recorded, Idaho Code § 45-1506(2) requires the trustee to give notice of the sale at least 120 days before the sale date, by registered or certified mail, return receipt requested, to your last known address. Mailed notice is effective when mailed (§ 45-1506(14)).
The notice must set out the names of the grantor, trustee and beneficiary, a description of the property, where the trust deed is recorded, the default, the sum owing, and the date, time and place of the sale. The sale must be after 9:00 a.m. and before 4:00 p.m., standard time, at a place in the county where the property is (§ 45-1506(4)).
The statute itself calls it a "notice of sale." "Notice of Trustee's Sale" is the usual heading.
What it does and does not mean
- It does not mean you must move now. The buyer is entitled to possession on the 10th day after the sale (§ 45-1506(11)).
- After a trustee's sale there is no right to redeem the home, and no judge confirms the sale (state file; Idaho Code § 45-1508).
- The lender can sue for a balance after the sale, but only within 3 months and limited by fair market value. See the Idaho deficiency lawsuit letter.
- The sale can be postponed at the lender's request by announcement at the time and place set, to a date no more than 30 days later, and postponed again the same way (§ 45-1506(8)).
The deadlines it starts and how to count them
- Sale: at least 120 calendar days after the notice is mailed (§ 45-1506(2)).
- Cure: within 115 days of the recording of the notice of default (§ 45-1506(12)). Count from the recording date, not the sale notice date. The sale date may be later than your cure date.
- Service at the home: at least three good-faith attempts on different days over at least 7 days, each at least 30 days before the sale, to serve an adult occupant, with the notice posted on the property at each attempt unless it is still posted (§ 45-1506(5)).
- Newspaper: once a week for four weeks, with the last ad at least 30 days before the sale (§ 45-1506(6)).
- Affidavits of mailing, posting and publication must be recorded at least 20 days before the sale (§ 45-1506(7)).
- Postponed sale: for a primary home with a state or federally regulated lender, the trustee must mail notice at least 14 days before holding a postponed sale (§ 45-1506(8)).
See an Idaho sale date is set for a day-by-day plan.
What to do this week
- Write down the sale date and your 115-day cure date. If you are still inside 115 days, ask the lender in writing for the exact cure amount and pay in a way you can prove.
- If you returned the Idaho modification form on time and have no written answer, tell the trustee and servicer in writing, because the sale may not occur until the lender answers (§ 45-1506C(3)).
- If the sale is more than 37 days away, get a complete loss mitigation application to your servicer now.
- Ask your servicer in writing to have the trustee postpone while it reviews you. Only the lender can ask for a postponement.
- Talk to a lawyer about any skipped step, such as the 120-day mailing, the posting or the newspaper notice, before the sale.
- Read how to stop foreclosure in Idaho.
Help and scam warnings
- Sale notices are published and posted, and some people use them to find homeowners. Any contract about your property made during the foreclosure can be canceled in writing within 5 business days (§ 45-1603).
- Report rescue offers 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 soon after an Idaho notice of sale can my home be sold?
No sooner than 120 days after the notice is mailed by registered or certified mail (Idaho Code § 45-1506(2)). Postponements can push it later, 30 days at a time (§ 45-1506(8)).
Can I pay what I owe on the day of an Idaho trustee's sale?
The legal right to cure by paying only the past-due amount ends 115 days after the notice of default is recorded (Idaho Code § 45-1506(12)), which can be days or weeks before the sale. After that, the lender may accept payment but does not have to.
How will I know if my Idaho sale was postponed?
Postponements are announced at the time and place set for the sale. For a primary home with a regulated lender, the trustee must also mail you notice at least 14 days before holding the postponed sale (Idaho Code § 45-1506(8)). Call the trustee to check.
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.
- 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.