Idaho Code
Idaho Code § 11-401 (2026)
Redemption — Persons entitled to make.
✓ current as of May 2026
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Redemption — Persons entitled to make.
Property sold subject to redemption, as provided in section 11-310, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest:
1. The judgment debtor, or his successor in interest, in the whole or any part of the property.
2. A creditor having a lien by judgment or mortgage on the property sold, or some share or part thereof, subsequent to that on which the property was sold. The persons mentioned in the second subdivision of this section are, in this chapter, termed redemptioners.
Notes of Decisions
Cited in 17
cases, 1971–2017 · leading case: Hieb v. Mitchell, 793 P.2d 1247 (Idaho 1990).
Hieb v. Mitchell, 793 P.2d 1247 (Idaho 1990). “Upon motion for reconsideration the district court entered a second opinion and order in April of 1989 holding that: (1) Mitchell was a redemptioner under I.C. § 11-401; (2) he properly redeemed the property from Hieb; (3) the sheriff properly issued to Mitchell a sheriff's deed…”
Suchan v. Suchan, 741 P.2d 1289 (Idaho 1987). “The district court ruled that it therefore followed that Carmen could therefore not be a redemptioner under I.C. § 11-401(2). Finally, the district court held Carmen had no subsequent judgment lien for the $273,739.”
AgStar Fin. Servs., ACA v. Nw. Sand & Gravel, Inc., 391 P.3d 1271 (Idaho 2017). “Pursuant to Idaho Code section 11-401, the mortgagor has a right of redemption.”
Jenkins v. Barsalou, 177 P.3d 949 (Idaho 2008). ““Written notice of redemption must be given to the sheriff and a duplicate filed for record with the recorder of the county____” I.C. § 11-403. Payment of redemption money is governed by I.”
E. Idaho Prod. Credit Ass'n v. Placerton, Inc., 606 P.2d 967 (Idaho 1980). “Under I.C. § 11-401(2), by the very definition of redemptioner, only a junior mortgagee having a mortgage subsequent to that lien for which the property was foreclosed can redeem.”
First Sec. Bank of Idaho, N.A. v. Stauffer, 730 P.2d 1053 (Idaho Ct. App. 1986). “I.C. § 11-401. To save the security interest the junior must redeem from the purchaser by paying the foreclosure sale price plus interest and certain costs.”
In Re Erkins, 253 B.R. 470 (Bankr. D. Idaho 2000). “I.C. §§ 11-401 to 11-407. In short, the Court concludes that this case presents, essentially, a two-party dispute where the rights of those parties are adequately accommodated by nonbankruptcy law.”
Leon Phillips v. Roy Jacobson, 302 P.3d 349 (Idaho 2013). “§ 11-402, since I.C. § 11-401 grants that right only to the judgment debtor and any junior lien creditor.”
Riley v. Wr Holdings, LLC, 138 P.3d 316 (Idaho 2006). “I.C. § 11-401 et seq. Those seeking to redeem property must meet statutory requirements, including being a party entitled to redeem and making a timely payment of the redemption amount.”
Bonner Bldg. Supply, Inc. v. Stand. Forest Prods., Inc., 682 P.2d 635 (Idaho Ct. App. 1984). “to verify its claim of lien? (2) Must the purchaser at an execution sale, who acquired the property after the materialman’s lien arose but before foreclosure, be named as a party in a foreclosure action by the holder of a materialman’s lien to make the foreclosure action and…”
Williams v. McCallum, 917 P.2d 794 (Idaho 1996). “McCallum’s failure to pay the additional taxes within the one year time limit provided in I.C. § 11-402 renders the redemption invalid.”
Acker v. Mader, 481 P.2d 605 (Idaho 1971). “Thiessen, supra; I.C. §§ 11-401, 11-402, 11-404 and 11-405.”
— Idaho Code § 11-401(2) — 3 cases
Suchan v. Suchan, 741 P.2d 1289 (Idaho 1987). “The district court ruled that it therefore followed that Carmen could therefore not be a redemptioner under I.C. § 11-401(2). Finally, the district court held Carmen had no subsequent judgment lien for the $273,739.”
Jenkins v. Barsalou, 177 P.3d 949 (Idaho 2008). ““Written notice of redemption must be given to the sheriff and a duplicate filed for record with the recorder of the county____” I.C. § 11-403. Payment of redemption money is governed by I.”
E. Idaho Prod. Credit Ass'n v. Placerton, Inc., 606 P.2d 967 (Idaho 1980). “Under I.C. § 11-401(2), by the very definition of redemptioner, only a junior mortgagee having a mortgage subsequent to that lien for which the property was foreclosed can redeem.”
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