Most Idaho mortgage agreements contain power of sale clauses that allow a lender to have a foreclosure sale on the property if the loan is in default. Sometimes, the power of sale contains specific requirements as to how the foreclosure sale should be conducted and other times it is silent on the issue and state law dictates how the sale should be conducted.
Since most deeds of trust are required to have a power of sale clause, judicial foreclosures are not common for Idaho property; however, if a deed of trust does not have a power of sale clause then a lender may sue a borrower in order to foreclose on a property.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified foreclosure and alternatives lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local foreclosure and alternatives attorney to discuss your specific legal situation.