Idaho Code
Idaho Code

Idaho Code § 45-1510 (2026)

Trustee’s deed — Recording — Effect. 

✓ current as of May 2026
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Trustee’s deed — Recording — Effect. 

(1) When the trustee’s deed is recorded in the deed records of the county where the property described in the deed is located, the recitals contained in the deed and in the affidavits required under section 45-1506(7), Idaho Code, shall be prima facie evidence in any court of the truth of the recitals and the affidavits. However, the recitals and affidavits are conclusive in favor of a purchaser in good faith for value or any successor in interest thereof. For purposes of this section, the trustee’s deed shall be deemed effective as of the date and time on which the sale was held if such deed is recorded within fifteen (15) days after the date of sale or the first business day following the fifteenth day if the county recorder of the county in which the property is located is closed on the fifteenth day.

(2)  Where a trustee’s sale held pursuant to section 45-1506, Idaho Code, is invalid by reason of automatic stay provisions of the U.S. bankruptcy code, or a stay order issued by any court of competent jurisdiction or otherwise, recordation of a notice of rescission of the trustee’s deed shall restore the condition of record title to the real property described in the trustee’s deed and the existence and priority of all lienholders to the status quo prior to the trustee’s sale. Only the trustee or beneficiary who caused the trustee’s deed to be recorded, or his/its successor in interest, may record a notice of rescission. The notice of rescission shall accurately identify the deed of trust, the recording instrument numbers used by the county recorder or the book and pages at which the trustee’s deed and deed of trust are recorded, the names of all grantors, trustors and beneficiaries, the location of the property subject to the deed of trust and the reason for rescission. Such notice of rescission shall be in substantially the following form:
NOTICE OF RESCISSION OF TRUSTEE’S DEED UPON SALE
This Notice of Rescission is made this day…. with respect to the following:
1.  THAT…. is the duly appointed Trustee under the certain Deed of Trust dated…. and recorded…. as instrument number…. in book…., page…., wherein…. and…. are named as Trustors,…. is named as Trustee,…. is named as Beneficiary;
2.  THAT…. is the Beneficiary of record under said Deed of Trust;
3.  THAT THE DEED OF TRUST encumbers real property located in the County of…., State of Idaho, described as follows:
     Property Description
4.  THAT BY VIRTUE OF a default under the terms of the Deed of Trust, the Beneficiary did declare a default, as set forth in a Notice of Default recorded…. as instrument number…. in book…., page…., in the office of the Recorder of…. County, State of Idaho;
5.  THAT THE TRUSTEE has been informed by the Beneficiary that the Beneficiary desires to rescind the Trustee’s Deed recorded upon the foreclosure sale that was conducted in error due to a failure to communicate timely, notice of conditions that would have warranted a cancellation of the foreclosure that did occur on….;
6.  THAT THE EXPRESS PURPOSE of this Notice of Rescission is to return the priority and existence of all title and lienholders to the status quo ante as existed prior to the Trustee’s sale.
NOW THEREFORE, THE UNDERSIGNED HEREBY RESCINDS THE TRUSTEE’S SALE AND PURPORTED TRUSTEE’S DEED UPON SALE AND HEREBY ADVISES ALL PERSONS THAT THE TRUSTEE’S DEED UPON SALE DATED…. AND RECORDED…. AS…. INSTRUMENT NUMBER…. IN THE COUNTY OF…., STATE OF IDAHO, FROM…. (TRUSTEE) TO…. (GRANTEE) IS HEREBY RESCINDED, AND IS AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER. THE DEED OF TRUST DATED…., RECORDED…. AS INSTRUMENT NUMBER…. IN BOOK…., PAGE…., IS IN FULL FORCE AND EFFECT.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2006–2026 · leading case: Nathon A. Baughman v. Wells Fargo Bank, 395 P.3d 393 (Idaho 2017).
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Nathon A. Baughman v. Wells Fargo Bank, 395 P.3d 393 (Idaho 2017). · cites it 4× “” Finally, Plaintiffs argue that Idaho Code section 45-1510 does not authorize the rescission of a trustee’s sale merely because the purported holder of the promissory note and deed of trust is a nonentity and the trustee’s deed is issued to that nonentity.”
Fed. Nat'l Mortg. Ass'n v. Hafer, 351 P.3d 622 (Idaho 2015). · cites it 4× “FNMA argued that the trustee’s deed was properly recorded and that Idaho Code section 45-1510 provides that that fact constitutes prima facie evidence of compliance with the relevant notice requirements, evidence that the Hafers did nothing to rebut.”
Fed. Home Loan Mortg. Corp. v. Appel, 137 P.3d 429 (Idaho 2006). · cites it 2× “” Section 45-1510 provides that when the trustee’s deed is recorded properly, the recitals in the deed and the affidavits required in § 45-1506(7) are conclusive in favor of a purchaser in good faith for value.”
Thorian v. Baro Enter., LLC (In Re Thorian), 387 B.R. 50 (Bankr. D. Idaho 2008). · cites it 2× “Embedded in BARO's summary judgment argument is BARO's belief that it is a good faith purchaser who retains title pursuant to Idaho Code § 45-1510 . This argument per *63 tains to BARO’s counterclaim, Doc.”
DPW Enter. LLC, Mountain Prime 2018 LLC v. Bass, Pike (Idaho Ct. App. 2026). · cites it 4× “I.C. § 45-1510(1). Bass argues the trustee’s deed is not conclusive proof of DPW’s ownership under the Act because DPW is not a good faith purchaser.”
— Idaho Code § 45-1510(1) — 2 cases
Fed. Nat'l Mortg. Ass'n v. Hafer, 351 P.3d 622 (Idaho 2015). “FNMA argued that the trustee’s deed was properly recorded and that Idaho Code section 45-1510 provides that that fact constitutes prima facie evidence of compliance with the relevant notice requirements, evidence that the Hafers did nothing to rebut.”
DPW Enter. LLC, Mountain Prime 2018 LLC v. Bass, Pike (Idaho Ct. App. 2026). “I.C. § 45-1510(1). Bass argues the trustee’s deed is not conclusive proof of DPW’s ownership under the Act because DPW is not a good faith purchaser.”
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