Idaho Code § 45-1508
Finality of sale.
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Finality of sale.
A sale made by a trustee under this act shall foreclose and terminate all interest in the property covered by the trust deed of all persons to whom notice is given under section 45-1506, Idaho Code, and of any other person claiming by, through or under such persons and such persons shall have no right to redeem the property from the purchaser at the trustee’s sale. The failure to give notice to any of such persons by mailing, personal service, posting or publication in accordance with section 45-1506, Idaho Code, shall not affect the validity of the sale as to persons so notified nor as to any such persons having actual knowledge of the sale. Furthermore, any failure to comply with the provisions of section 45-1506, Idaho Code, shall not affect the validity of a sale in favor of a purchaser in good faith for value at or after such sale, or any successor in interest thereof.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1970–2026 · leading case: Spencer v. Jameson
Spencer v. Jameson (2009)
“Idaho Code § 45-1508 , which governs the finality of the sale, states in pertinent part: "A sale made by a trustee under this act shall foreclose and terminate all interest in the property covered by the trust deed of all persons to whom notice is given under section 45-1506,…”
Breckenridge Property Fund 2016, LLC v. Wally Enterprises, Inc. (2022)
“As part of this argument, Breckenridge also asserts that Idaho Code section 45-1508 authorizes the district court to set aside a trustee’s sale when the trustee violated that section and when the purchaser was not a “purchaser in good faith for value.”
PHH Mortgage Services Corp. v. Perreira (2009)
“First, the Perreiras argued that PHH was not a purchaser in good faith at the foreclosure sale under Idaho Code § 45-1508 because it knew that Anestos was deceased and did not provide notice of the sale to the personal representative of her estate.”
Federal Home Loan Mortgage Corp. v. Appel (2006)
“Idaho Code § 45-1508 provides: “[a]ny failure to comply with the provisions of section 45-1506, Idaho Code, shall not affect the validity of a sale in favor of a purchaser in good faith for value at or after such sale, or any successor in interest thereof.”
Taylor v. Just (2002)
“The district court entered a judgment ordering the Trustee to execute and deliver the trustee’s deed to Taylor. The respondents then appealed, and Taylor cross-appealed.”
Baker v. Nationstar Mortgage, LLC (In re Baker) (2017)
“But Idaho Code § 45-1508 specifies that “any failure to comply with the provisions of section 45-1506, Idaho Code, shall not affect the validity of a sale in favor of a purchaser in good faith for value at or after such sale .”
Federal National Mortgage Ass'n v. Hafer (2015)
“” The section of Idaho’s Trust Deeds Act addressed to finality, and the section discussed in Spencer , is Idaho Code section 45-1508, which provides that [a] sale made by a trustee under this act shall foreclose and terminate all interest in the property covered by the trust…”
Young v. Washington Federal Savings & Loan Ass'n (In Re Young) (1993)
“The first basis for this conclusion is Idaho Code § 45-1508 which provides in pertinent part: “A sale made by a trustee under this act shall foreclose and terminate all interest in the property covered by the trust deed of all persons to whom notice is given under section…”
Security Pacific Finance Corp. v. Bishop (1985)
“" Idaho Code § 45-1508 provides, in pertinent part, as follows: A sale made by a trustee under this act shall foreclose and terminate all interest in the property covered by the trust deed of all persons to whom notice is given under subsection (2) of section 45-1505 [which, due…”
Pichon v. L.J. Broekemeier, Inc. (1985)
“Finally, CMT contends that Pichon’s recovery is precluded by I.C. § 45-1508. That section denies to a purchaser in default on a deed of trust any right to redeem the property after it is sold at the trustee’s sale.”
United States v. Stadium Apartments, Inc. (1970)
“III, Rule 39 (1 year); Rev.Code Wash.Ann. 6.24.140 (8 months or a year) ; Wyoming Stat.”
In Re Wiebe (2006)
“Idaho Code § 45-1508 . II. For several reasons, the Court is not persuaded by Debtors’ argument that, because of the size of their property, the *910 HFC deed of trust must be foreclosed as a mortgage, and the deed of trust sale conducted in this case deemed void.”
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