Idaho at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | An Idaho deed of trust gives the trustee a power of sale, so it can be foreclosed by advertisement and sale without a court case. The lender may instead choose to foreclose in court, which is the way a mortgage on real property is foreclosed. Idaho Code § 45-1503(1); Idaho Code § 6-101(1) Show the source textmay be foreclosed by advertisement and sale in the manner hereinafter provided, or, at the option of beneficiary, by foreclosure as provided by law for the foreclosure of mortgages on real property |
| Who holds foreclosure surplus | After a trustee's sale under a deed of trust, the trustee applies the proceeds in a set order: sale expenses, the debt secured by the trust deed, recorded junior liens, and then the surplus, if any, to the grantor (the borrower) or the grantor's successor in interest. In a court foreclosure, the court may order surplus money paid to the person entitled to it and may have it deposited in court in the meantime. Idaho Code § 45-1507; Idaho Code § 6-102 Show the source textThe surplus, if any, to the grantor of the trust deed or to his successor in interest entitled to such surplus. |
| Tax sale excess proceeds | Idaho is a tax deed state: the county takes a tax deed and the county commissioners later sell the property. The owner or a party in interest can redeem until the county contracts to sell or deeds the property, and no later than 14 months after the tax deed is issued. After the sale, the county must notify parties in interest (recorded lienholders and similar) of the excess proceeds within 30 days, and they have 60 days from receiving the notice to claim. Money left after those claims is returned to the owner of record at the time of the tax deed. With the State Treasurer's consent the county may transfer the funds to the State Treasurer, who holds and distributes them under the unclaimed property act. Idaho Code § 31-808(2)(b)-(d); Idaho Code § 63-1007; Idaho Code § 63-201(17) Show the source textSuch parties in interest shall respond to the board of county commissioners, within sixty (60) days of receiving such notice, making claim on the proceeds. No responses postmarked or received after the sixtieth day shall be accepted. |
| Redemption after the sale | It depends on the type of foreclosure. After a trustee's sale under a deed of trust there is no right to redeem the property from the purchaser. After a court foreclosure sale the property can be redeemed within one year if the tract is more than 20 acres, or within six months if it is 20 acres or less. Idaho Code § 45-1508; Idaho Code § 6-101(1); Idaho Code § 11-402 Show the source textand such persons shall have no right to redeem the property from the purchaser at the trustee's sale |
| Rules for recovery companies | Under Idaho's Revised Unclaimed Property Act, an agreement to locate property held by the state administrator is void if it is signed between the date the property was presumed abandoned and 24 months after it was paid or delivered to the administrator. That rule does not apply to an owner's agreement with an attorney to pursue a claim for specifically identified property or to contest a denied claim. The administrator pays only the owner and is not bound by a power of attorney or an assignment. We did not find a percentage fee cap in the Idaho statutes. Idaho Code § 14-5-1301; Idaho Code § 14-5-907 Show the source textis void if it is entered into during the period beginning on the date the property was presumed abandoned by a holder to the administrator and ending twenty-four (24) months after the payment or delivery |
How surplus funds arise in Idaho
When a home in Idaho is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Idaho
We confirm the sale figures in the public record, identify which office in Idaho is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Idaho that program is the Idaho Unclaimed Property Division (UCP).
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Idaho law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Idaho
Idaho regulates this kind of service. Under Idaho's Revised Unclaimed Property Act, an agreement to locate property held by the state administrator is void if it is signed between the date the property was presumed abandoned and 24 months after it was paid or delivered to the administrator. That rule does not apply to an owner's agreement with an attorney to pursue a claim for specifically identified property or to contest a denied claim. The administrator pays only the owner and is not bound by a power of attorney or an assignment. We did not find a percentage fee cap in the Idaho statutes. (Idaho Code § 14-5-1301; Idaho Code § 14-5-907)
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Idaho
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Idaho, from locating the funds to filing the claim.
After a trustee's sale under a deed of trust, the trustee applies the proceeds in a set order: sale expenses, the debt secured by the trust deed, recorded junior liens, and then the surplus, if any, to the grantor (the borrower) or the grantor's successor in interest. In a court foreclosure, the court may order surplus money paid to the person entitled to it and may have it deposited in court in the meantime.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.