Idaho Code
Idaho Code

Idaho Code § 45-1506A (2026)

Rescheduled sale — Original sale barred by stay — Notice of rescheduled sale. 

✓ current as of May 2026
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Rescheduled sale — Original sale barred by stay — Notice of rescheduled sale. 

(1) In the event a sale cannot be held at the time scheduled by reason of automatic stay provisions of the U.S. bankruptcy code (11 U.S.C. 362), or a stay order issued by any court of competent jurisdiction, then the sale may be rescheduled and conducted following expiration or termination of the effect of the stay in the manner provided in this section.

(2)  Notice of the rescheduled sale shall be given at least thirty (30) days before the day of the rescheduled sale by registered or certified mail to the last known address of all persons who were entitled to notice by mail of the original sale and to any person who shall have recorded a request for notice of sale at least forty-five (45) days prior to the rescheduled sale date in the form and manner required by section 45-1511, Idaho Code, provided that recording the request prior to notice of default is, for the purposes of this section only, waived.
(3)  Notice of the rescheduled sale shall be published in the newspaper of original publication once a week for three (3) successive weeks, making three (3) publishings in all, with the last publication to be at least ten (10) days prior to the day of sale.
(4)  The trustee shall make an affidavit stating that he or she has complied with subsections (2) and (3) of this section. The trustee shall make the above affidavit available for inspection at the time of the rescheduled sale together with any affidavit of mailing and posting, when required, which was not of record as required by subsection (7) of section 45-1506, Idaho Code, when the stay became effective. The affidavit or affidavits shall be attached to or incorporated in the trustee’s deed.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2006–2022 · leading case: Fed. Home Loan Mortg. Corp. v. Appel, 137 P.3d 429 (Idaho 2006).
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Fed. Home Loan Mortg. Corp. v. Appel, 137 P.3d 429 (Idaho 2006). · cites it 26× “They also contended that the sale suffered fatally from procedural deficiencies, specifically that the notice provisions set forth in I.C. § 45-1506A were not met. After a hearing the district court issued an order granting Fed Home’s motion and ordering the appellants off the…”
Breckenridge Prop. Fund 2016, LLC v. Wally Enter., Inc., 516 P.3d 73 (Idaho 2022). · cites it 2× “The statute, in pertinent part, provides: (8) The sale shall be held on the date and at the time and place designated in the notice of sale or notice of rescheduled sale as provided in section 45-1506A, Idaho Code, unless the sale is postponed as provided in this subsection or…”
Black Diamond All., LLC. v. Kimball, 229 P.3d 1160 (Idaho 2010). · cites it 2× “Subsection 8 provides that a trustee sale must be held at the time and place designated in the notice of sale (or notice of rescheduled sale where the original sale was barred by a stay as provided in Idaho Code section 45-1506A) but that the trustee may postpone the sale upon…”
Burnside v. NW Tr. Svc (Idaho Ct. App. 2019). · cites it 4× “The district court also found that pursuant to I.C. § 45-1506A(2), (3), notice had been given and Burnside had actual notice of the sale.”
— Idaho Code § 45-1506A(1) — 1 case
Fed. Home Loan Mortg. Corp. v. Appel, 137 P.3d 429 (Idaho 2006). “They also contended that the sale suffered fatally from procedural deficiencies, specifically that the notice provisions set forth in I.C. § 45-1506A were not met. After a hearing the district court issued an order granting Fed Home’s motion and ordering the appellants off the…”
— Idaho Code § 45-1506A(2) — 2 cases
Fed. Home Loan Mortg. Corp. v. Appel, 137 P.3d 429 (Idaho 2006). “They also contended that the sale suffered fatally from procedural deficiencies, specifically that the notice provisions set forth in I.C. § 45-1506A were not met. After a hearing the district court issued an order granting Fed Home’s motion and ordering the appellants off the…”
Burnside v. NW Tr. Svc (Idaho Ct. App. 2019). “The district court also found that pursuant to I.C. § 45-1506A(2), (3), notice had been given and Burnside had actual notice of the sale.”
— Idaho Code § 45-1506A(4) — 2 cases
Fed. Home Loan Mortg. Corp. v. Appel, 137 P.3d 429 (Idaho 2006). “They also contended that the sale suffered fatally from procedural deficiencies, specifically that the notice provisions set forth in I.C. § 45-1506A were not met. After a hearing the district court issued an order granting Fed Home’s motion and ordering the appellants off the…”
Burnside v. NW Tr. Svc (Idaho Ct. App. 2019). “The district court also found that pursuant to I.C. § 45-1506A(2), (3), notice had been given and Burnside had actual notice of the sale.”
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