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WHAT IS A SHORT SALE Idaho Foreclosure Law Summary
WHY USE SHORT SALE US Quick Facts
SUCCESS STORIES - Judicial Foreclosure Available: No
- Non-Judicial Foreclosure Available: Yes
WHO QUALIFIES FOR A SHORT SALE
- Primary Security Instruments: Deed of Trust
FAQs
- Timeline: Typically 150 days
SHORT SALE NEWS
- Right of Redemption: Yes
VALUE YOUR HOME
- Deficiency Judgments Allowed: Yes
STATE FORCLOSURE LAWS
In Idaho, lenders may foreclose on deeds of trusts in default using the
CONTACT US non-judicial foreclosure process.
HIRE US Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause
exists in a mortgage or deed of trust. A "power of sale" clause is the clause in
a deed of trust or mortgage, in which the borrower pre-authorizes the sale of
property to pay off the balance on a loan in the event of the their default. In
deeds of trust or mortgages where a power of sale exists, the power given to
the lender to sell the property may be executed by the lender or their
representative, typically referred to as the trustee. Regulations for this type of
foreclosure process are outlined below in the "Power of Sale Foreclosure
Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies
the time, place and terms of sale, then the specified procedure must be
followed. Otherwise, the non-judicial power of sale foreclosure is carried out
as follows:
The notice of sale must be recorded in the county where the property is
located and given to the borrower and the occupants of the property (if not the
borrower) at least one hundred twenty (120) days before the date of the sale.
The notice must be published in the newspapers in the county where the
property is located at least once a week for four (4) consecutive weeks. The
final ad must be run not less than thirty (30) days in advance of the
foreclosure. The published notice must contact a legal description of the
property, its street address and the name and phone number of someone who
can give directions.
Said notice must describe the nature of the default, a legal description of the
property, as well its street address, the lender's name, the date, time, and

place of the sale, and the name and phone number of the person conducting
the sale.
The foreclosure sale must take place on the date, at the time and at the place
specified in the notice. However, the sale may be postponed and held at a
new time and place, so long as it is within thirty (30) days of the originally
scheduled sale.
If the property consists of more than twenty (20) acres, the buyer has a period
of one (1) year to redeem said property. If it is less than twenty (20) acres, the
period of time is lessened to six months.
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