Idaho

Foreclosure Posting Requirements

The average time to complete a non-judicial foreclosure is 150 days. Upon default, the beneficiary of a deed of
trust sends a letter by certified mail to the grantor giving Notice of Default and demand for performance of the trust
obligation in default. After the time for cure is required in the deed of trust has expired, a foreclosure report is
ordered. A Notice of Default is recorded in the recorder’s office of the county where the property is situated, as
well as a Resignation of Trustee and Appointment of Successor Trustee if requested, to any person who has
recorded a request for notice. A Notice of Sale, which is to be held in the county wherein the property is situated,
must be sent via registered mail or certified mail, return receipt requested, to the grantor, any successor in interest
and any person having a lien or interest which is subordinate to the deed of trust (i.e. instituted subsequent to the
formation of the deed of trust), at least 120 days prior to the date set for the sale. The Notice of Sale must also be
published in a newspaper of general circulation in the county, in which the property is situated, once a week, for
four consecutive weeks, with the last date of publication no less than 30 days prior to the sale date. When the real
property subject to a foreclosure action is occupied, at least 3 good faith attempts must be made to serve the notice
of the sale, on different days, during a 7-day period on an adult occupant of the real property. These attempts must
be made no less than 30 days prior to the date of sale, and must be made in the same manner as a summons would
be served. If service is not completed or if the occupant served is not one of the persons who are required to receive
notice by registered or certified mail, a copy of the Notice of Sale must be posted conspicuously on the real
property at the time of each attempt. Affidavits of service by mail, publication and personal service or posting must
be recorded no less than 20 days prior to sale.

Foreclosure Auction Locations

Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the
direction is as vague as “any public place within the county in which the property is located.” Other times, the
statute requires that a foreclosure sale only be held at the site of the property to be foreclosed. Foreclosure sales can
be conducted in any public place within the county in which the property is located.

Foreclosure Timeline:

(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)