Idaho Code
Idaho Code

Idaho Code § 45-1506B (2026)

Postponement of sale — Intervention of stay. 

✓ current as of May 2026
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Postponement of sale — Intervention of stay. 

(1) If a stay as set out in subsection (1) of section 45-1506A, Idaho Code, which would otherwise have stopped a foreclosure sale is terminated or lifted prior to the date of sale, then any person having a right to reinstate the deed of trust pursuant to subsection (12) of section 45-1506, Idaho Code, may request the trustee to postpone the sale for a period of time which shall allow at least one hundred fifteen (115) days to elapse from the recording of the notice of default to the rescheduled date of sale exclusive of the period of time during which such stay was in effect.

(2)  Written request for postponement must be served upon the trustee prior to the time set for the original sale.
(3)  If the foreclosure has proceeded in compliance with all requirements of subsections (2) through and including (6), of section 45-1506, Idaho Code, prior to the intervention of the stay, then at the time appointed for the original sale, the trustee shall announce the date and time of the rescheduled sale to be conducted at the place originally scheduled and no further or additional notice of any kind shall be required.
(4)  If the foreclosure has proceeded in compliance with subsections (2) through and including (5), of section 45-1506, Idaho Code, prior to the intervention of the stay, then the foreclosure process may be resumed if timely compliance can be had with publication of the original notice of sale under subsection (6) of section 45-1506, Idaho Code. If timely compliance under subsection (6) of section 45-1506, Idaho Code, is not possible, the partially completed foreclosure process shall be discontinued and any further sale proceeding shall require new compliance with all notice of sale procedures as provided in section 45-1506, Idaho Code.
(5)  Nothing in this section shall be construed to create a right to cure the default and reinstate the deed of trust under subsection (12) of section 45-1506, Idaho Code, for a period of time longer than one hundred fifteen (115) days from the recording of the notice of default exclusive of the time during which a stay is in effect and if no request is made to postpone the sale under the circumstances provided in this section, the computation of time under this chapter shall be deemed unaffected by any intervening stay.
Notes of Decisions
Cited in 2 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 25× “Fed Home responds that all of the requirements of I.C. § 45-1506B were complied with by the time the appellants filed for bankruptcy, and therefore no further notice was required after the first rescheduling.”
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…”
— Idaho Code § 45-1506B(1) — 1 case
Fed. Home Loan Mortg. Corp. v. Appel, 137 P.3d 429 (Idaho 2006). “Fed Home responds that all of the requirements of I.C. § 45-1506B were complied with by the time the appellants filed for bankruptcy, and therefore no further notice was required after the first rescheduling.”
— Idaho Code § 45-1506B(3) — 1 case
Fed. Home Loan Mortg. Corp. v. Appel, 137 P.3d 429 (Idaho 2006). “Fed Home responds that all of the requirements of I.C. § 45-1506B were complied with by the time the appellants filed for bankruptcy, and therefore no further notice was required after the first rescheduling.”
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