Idaho Code § 45-1505
Foreclosure of trust deed, when.
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Foreclosure of trust deed, when.
The trustee may foreclose a trust deed by advertisement and sale under this act if:
(1) The trust deed, any assignments of the trust deed by the trustee or the beneficiary and any appointment of a successor trustee are recorded in mortgage records in the counties in which the property described in the deed is situated; and
(2) There is a default by the grantor or other person owing an obligation the performance of which is secured by the trust deed or by their successors in interest with respect to any provision in the deed which authorizes sale in the event of default of such provision; and
(3) The trustee or beneficiary shall have (a) filed for record in the office of the recorder in each county wherein the trust property, or some part or parcel, is situated, a notice of default identifying the deed of trust by stating the name or names of the trustor or trustors and giving the book and page where the same is recorded, or a description of the trust property, and containing a statement that a breach of the obligation for which the transfer in trust is security has occurred, and setting forth the nature of such breach and his election to sell or cause to be sold such property to satisfy such obligation; and (b) mailed a copy of such notice by registered or certified mail, return receipt requested, to any person requesting such notice of record as provided in section 45-1511, Idaho Code. Service by mail in accordance with this subsection (3) shall be deemed effective at the time of mailing. In addition, the trustee shall mail the notice required in this section to any individual who owns an interest in property which is the subject of this section. Such notice shall be accompanied by and affixed to the following notice in twelve (12) point boldface type, on a separate sheet of paper, no smaller than eight and one-half (8 1/2) inches by eleven (11) inches:
"NOTICE REQUIRED BY IDAHO LAW
Mortgage foreclosure is a legal proceeding where a lender terminates a borrower’s interest in property to satisfy unpaid debt secured by the property. This can mean that when a homeowner gets behind on his or her mortgage payments, the lender forces a sale of the home on which the mortgage loan is based. Some individuals or businesses may say they can "save" your home from foreclosure. You should be cautious about such claims. It is important that you understand all the terms of a plan to "rescue" you from mortgage foreclosure and how it will affect you. It may result in your losing valuable equity that you may have in your home. If possible, you should consult with an attorney or financial professional to find out what other options you may have. Do not delay seeking advice, because the longer you wait, the fewer options you may have. Under Idaho law, you have five (5) days to rescind or undo certain contracts or agreements that relate to transferring interests in property or money in a foreclosure situation. An attorney or financial professional can tell you more about this option.".
If the trust deed, or any assignments of the trust deed, are in the Spanish language, the written notice set forth in this section shall be in the Spanish language on a form to be prepared and made available by the office of the attorney general.
(4) No action, suit or proceeding has been instituted to recover the debt then remaining secured by the trust deed, or any part thereof, or if such action or proceeding has been instituted, the action or proceeding has been dismissed.
Notes of Decisions
Cited in 28
cases (2 in the last 5 years), 1970–2026 · leading case: Frontier Federal Savings & Loan Association v. Douglass
Frontier Federal Savings & Loan Association v. Douglass (1993)
“Idaho Code § 45-1505 (1957) [1] sets forth the conditions under which the trustee may foreclose a trust deed by advertisement and sale.”
Houpt v. Wells Fargo Bank, National Ass'n (2016)
“On June 22, 2012, Houpts filed a Complaint and Motion for Preliminary Injunction stating that: (1) Wells Fargo Bank was not the beneficiary or other real party in interest of the Deed of Trust, and as such, Wells Fargo improperly initiated a nonjudicial foreclosure under I.C. §…”
Trotter v. Bank of New York Mellon (2012)
“ReconTrust, the trustee appointed by the beneficiary of the deed of trust, notified Trotter of the default and initiated a nonjudicial foreclosure on the deed of trust pursuant to I.C. § 45-1505. Upon receiving notice of the trustee’s sale, Trotter sued ReconTrust, Mortgage…”
Frazier v. Neilsen & Co. (1989)
“Subsection (4) of I.C. § 45-1505 anticipates an action for the debt without recourse to the security.”
Liberty Bankers Life Insurance v. Witherspoon, Kelley, Davenport & Toole, P.S. (2016)
“” I.C. § 45-1505. Therefore, the district court’s reasoning undercuts its conclusion.”
Thorian v. Baro Enterprises, LLC (In Re Thorian) (2008)
“Based on the evidence presented, there is also no genuine issue of material fact in dispute regarding violation of Idaho Code § 45-1505 . The deed of trust was recorded; Debtors were in default; a notice of default stating Debtors’ breach was recorded; and Debtors were properly…”
Security Pacific Finance Corp. v. Bishop (1985)
“After the sale, Security sought possession of the residence, but Bishop refused to vacate the premises. Security filed suit for possession and Bishop answered, alleging the foreclosure proceeding was defective.”
Edwards v. Mortgage Electronic Registration Systems, Inc. (2013)
“I.C. § 45-1505. The beneficiary has the authority to appoint a successor trustee, I.”
Taylor v. Just (2002)
“[tjhere is a default by the grantor ... owing an obligation the performance of which is secured by the trust deed.”
PHH Mortgage Services Corp. v. Perreira (2009)
“I.C. § 45-1505(1). However, if Cendant and PHH are the same legal entity, no such assignment would be necessary.”
Federal National Mortgage Ass'n v. Hafer (2015)
“In Taylor , this Court determined the foreclosure sale “was void for failure to comply with Idaho Code § 45-1505 (2), which requires that there be a default in order to sell the real property secured by a deed of trust” and that Idaho Code section 45-1508 did not suggest that…”
In Re Rodriguez (2005)
“In Idaho, a debtor is entitled to notice of default under Idaho Code § 45-1505 and 120 days notice of a scheduled sale on a deed of trust.”
— Idaho Code § 45-1505(1) — 8 cases
Liberty Bankers Life Insurance v. Witherspoon, Kelley, Davenport & Toole, P.S. (2016)
“” I.C. § 45-1505. Therefore, the district court’s reasoning undercuts its conclusion.”
Houpt v. Wells Fargo Bank, National Ass'n (2016)
“On June 22, 2012, Houpts filed a Complaint and Motion for Preliminary Injunction stating that: (1) Wells Fargo Bank was not the beneficiary or other real party in interest of the Deed of Trust, and as such, Wells Fargo improperly initiated a nonjudicial foreclosure under I.C. §…”
PHH Mortgage Services Corp. v. Perreira (2009)
“I.C. § 45-1505(1). However, if Cendant and PHH are the same legal entity, no such assignment would be necessary.”
Frontier Federal Savings & Loan Association v. Douglass (1993)
“Idaho Code § 45-1505 (1957) [1] sets forth the conditions under which the trustee may foreclose a trust deed by advertisement and sale.”
— Idaho Code § 45-1505(3) — 3 cases
Frontier Federal Savings & Loan Association v. Douglass (1993)
“Idaho Code § 45-1505 (1957) [1] sets forth the conditions under which the trustee may foreclose a trust deed by advertisement and sale.”
Edwards v. Mortgage Electronic Registration Systems, Inc. (2013)
“I.C. § 45-1505. The beneficiary has the authority to appoint a successor trustee, I.”
Federal National Mortgage Ass'n v. Hafer (2015)
“In Taylor , this Court determined the foreclosure sale “was void for failure to comply with Idaho Code § 45-1505 (2), which requires that there be a default in order to sell the real property secured by a deed of trust” and that Idaho Code section 45-1508 did not suggest that…”
— Idaho Code § 45-1505(3)(a) — 1 case
— Idaho Code § 45-1505(4) — 1 case
Frazier v. Neilsen & Co. (1989)
“Subsection (4) of I.C. § 45-1505 anticipates an action for the debt without recourse to the security.”
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