State Foreclosure Law

Idaho Foreclosure Laws

Idaho is a non-judicial foreclosure state — the standard path for residential foreclosures uses the trustee's sale process under the Idaho Trust Deeds Act (Idaho Code § 45-1502 to 45-1515). Both judicial and non-judicial tracks are available…

Process

Non-Judicial

Out of court, under a power of sale §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

$175,000

Automatic: a declaration is required for land not yet occupied as a homestead · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

44 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Idaho foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Idaho-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Idaho foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Idaho
10 National foreclosure guides
11 Idaho distress data

Governing Statutes

Citation	Title	Covers
Idaho Code § 45-1502 to 45-1515	Idaho Trust Deeds Act — Non-Judicial Foreclosure	Primary framework for non-judicial trustee's sale foreclosure of deeds of trust in Idaho. Establishes the entire non-judicial foreclosure process: Notice of Default recording and mailing (§ 45-1505), 120-day waiting period, 115-day cure right (§ 45-1506(12)), Notice of Sale requirements (§ 45-1506), trustee's sale procedures, post-sale deficiency rules (§ 45-1512), and the supplemental notice and loan-modification review (§ 45-1506C).
Idaho Code § 45-1505	Notice of Default — Recording and Mailing	Requires the trustee to record a Notice of Default with the county recorder and mail it to the owner. The Notice of Default starts the foreclosure timeline and starts the borrower's 115-day cure period. The notice of sale can be mailed only after the Notice of Default is recorded, and must be mailed at least 120 days before the trustee's sale (§ 45-1506).
Idaho Code § 45-1506	Notice of Sale and Sale Procedures	Governs the Notice of Sale requirements: must be published once a week for four consecutive weeks in a newspaper of general circulation in the county, posted on the property, and mailed to the borrower. The notice of sale must be mailed after the Notice of Default is recorded and at least 120 days before the sale. Also establishes the 115-day cure right (subsection 12).
Idaho Code § 45-1506C	Supplemental Notice — Opportunity to Request Loan Modification	Added in 2011 and amended in 2023. For a loan made by a state or federally regulated lender and secured by the borrower's primary residence (the lender checks the county assessor's rolls for a homeowner's property tax exemption), a supplemental notice must come with the notice of default, with a loan modification request form to return by certified mail within 30 days. The lender must review the request and answer in writing within 45 days, and a trustee's sale may not occur until it responds. If you ask for a meeting, the lender must meet with you in person or by phone before it responds. The statute does not set up a mediation program or name a mediator.
Idaho Code § 45-1512	Deficiency Judgment After Non-Judicial Sale	Governs deficiency rights after a sale under a deed of trust. A money judgment for the balance may be sought within 3 months after the sale. The court must find the fair market value at the time of sale and may not give judgment for more than the debt exceeds that value, and never more than the difference between the sale price and the debt. The statute's text has no subsection (b) and no purchase-money or primary-residence bar.
Idaho Code § 55-1003	Homestead Exemption	Establishes a $175,000 homestead exemption for Idaho residents. Protects that amount of equity in the homeowner's primary residence from forced sale by judgment creditors. Applies automatically once the owner occupies the property as a principal residence; a declaration of homestead is required for land not yet occupied as a homestead (Idaho Code § 55-1004). Does NOT protect against mortgage or deed of trust foreclosure.
Idaho Code § 6-101	Judicial Foreclosure — General Mortgage Law	General statute authorizing judicial foreclosure of mortgages and deeds of trust through court action. Rarely used for residential properties because the non-judicial trust deed process is faster and less expensive. Sales under a foreclosure judgment are subject to redemption as in sales under execution: within 6 months after the sale for a tract of 20 acres or less, or within 1 year for more than 20 acres (Idaho Code § 11-402).

Idaho Foreclosure Process and Your Rights

Idaho uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: You have 115 days from the date the Notice of Default was recorded to cure the default by paying all past-due amounts, late fees, trustee fees, and costs. §
After the sale: No post-sale redemption for non-judicial trustee's sale. For judicial foreclosure only: 6 months after the sale for a tract of 20 acres or less, or 1 year for more than 20 acres (Idaho Code § 11-402). §
Homestead exemption: $175,000. Protects up to $175,000 of equity in your primary residence from judgment creditors. It applies automatically once you occupy the home as your principal residence; a declaration of homestead is required for land not yet occupied as a homestead. Does NOT stop mortgage or deed of trust foreclosure. §
Mediation: Idaho does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Idaho foreclosure guide →

Special Foreclosure Types in Idaho

Beyond the standard non-judicial foreclosure process, Idaho law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

Condominium assessment liens can be enforced by a sale conducted in the manner allowed for a deed of trust's power of sale, or in any other manner permitted by law (Idaho Code § 55-1518). §

A condominium lien expires one year after the notice of assessment is recorded unless enforcement starts sooner, and the association can extend it by up to one more year.

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in Idaho. The county uses a tax deed process for properties with delinquent taxes. §

If the property is not redeemed within 3 years from the date of delinquency, the county tax collector must issue a tax deed to the county, but only after a notice of pending issue of tax deed has been given and an affidavit of compliance has been recorded.

Lien Priority in Idaho

Generally first in time, first in right. Idaho recording statutes govern lien priority.

HOA/COA liens may have limited priority for unpaid assessments. Condominium assessment liens are governed by Idaho Code § 55-1518; homeowner's association liens, formerly under Idaho Code § 45-810 (repealed in 2022), are now in Idaho Code § 55-3207. Consult a local attorney for specific lien priority questions.

Statute of Limitations in Idaho

Mortgage Foreclosure

5 years §

An action to foreclose a mortgage must be started within 5 years from the maturity date of the debt; if the debt states no maturity date, the 5 years run from when the right to foreclose accrued (Idaho Code § 5-214A). A trustee's sale must be made, and a judicial foreclosure of a deed of trust started, within the same period (Idaho Code § 45-1515).

Written Contracts

5 years §

Promissory Note

6 years §

Deficiency Judgment

Varies §

After non-judicial trustee's sale, the lender must file a deficiency action within 3 months of sale (Idaho Code § 45-1512). This is a strict deadline — not the general statute of limitations.

Probate & Inheritance in Idaho

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Idaho law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Idaho

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Idaho.

UDAP Statute

Idaho Consumer Protection Act §

Prohibits unfair methods of competition and unfair or deceptive acts or practices in trade or commerce.

Foreclosure Rescue Fraud Laws

No Idaho-specific foreclosure rescue fraud statute identified.

General consumer protection under Idaho Consumer Protection Act (Idaho Code § 48-601 et seq.) applies. Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Idaho Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Idaho-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Idaho professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Idaho

⚖

Idaho Legal Aid Services, Inc.

Free civil legal services for low-income Idahoans, including housing and foreclosure defense. Rural coverage is limited.
idaholegalaid.org →
⚖

Idaho Volunteer Lawyers Program

Connects low-income Idahoans with volunteer attorneys for free legal assistance including foreclosure defense.
ilf.idaho.gov/ivlp →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Idaho. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Idaho →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Idaho Attorney General Consumer Protection

Report mortgage fraud and consumer protection violations. Toll-free: 1-800-432-3545.
208-334-2424 →
📞

Idaho Housing and Finance Association (IHFA)

State housing programs. Toll-free: 1-877-438-4472.
208-331-4882 →
📋

Idaho State Bar Lawyer Referral Service

State bar lawyer referral service.
isb.idaho.gov →

Find Help in Idaho

We maintain a verified directory of free and low-cost help providers in Idaho. All are government-approved or federally funded.

10 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 40 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 45 Debtor education providers Required post-filing debtor education courses

Browse all 96 providers in Idaho →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Idaho.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Idaho Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Idaho homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Idaho mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).