Idaho Foreclosure Process

When you develop a definite plan of action with well-timed, well-informed steps, you can stop the foreclosure process and save your home. We have outlined the foreclosure process for the state of Idaho.

Like 27 other states, Idaho is a non-judicial foreclosure state.  Idaho permits non-judicial foreclosure through a owner of sale clause in a deed of trust. If the borrower goes into default, the property may be sold by giving the borrower the proper notice.  This means its primary method of foreclosure is by power of sale.  Idaho allows a trustee to foreclose on a trust deed by advertisement and sale if the trustee meets certain requirements outlined in Idaho’s foreclosure statutes.

The following documents must be recorded with the recorder’s office in the county where the property is located:

1. The trust deed
2. Any assignments of the trust deed by the trustee or the beneficiary
3. Any appointment of a successor trustee.

A trust deed is a three-party document involving a trustor (the borrower), a beneficiary (the lender), and a trustee (any neutral third party, typically a title company). The trust deed identifies all three parties, includes the basic terms of the loan, and is signed by the borrower. It is recorded as a lien against the borrower's property.

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