Idaho State Statutes - Idaho Attorney Directory

(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.

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