Idaho Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage

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Multi-State
Control #:
US-0592BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage

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FAQ

In a judicial foreclosure, the lender can get a deficiency judgment to collect any money they're owed after the sale. In a judicial foreclosure, after the judge orders the sale of a home, it's usually auctioned off to the highest bidder.

Consider Bankruptcy: Filing for bankruptcy can stop a foreclosure auction. However, bankruptcy should only be considered as a last resort. Sell Your Home: Selling your home may be the best option if you're unable to keep up with your mortgage payments.

Idaho Code Section 6-108 applies to mortgages and prohibits deficiency judgments "in any amount greater than the difference between the mortgage indebtedness, as determined by the decree, plus costs of foreclosure and sale, and the reasonable value of the mortgaged property, to be determined by the court in the decree ...

Avoiding Foreclosure (Loss Mitigation) Pay arrears, become current on the loan. ... Work out a period of loan forbearance. ... Loan modification. ... Refinance with another lender. ... Deed in lieu of foreclosure. ... Sell home, negotiate short sale.

Redeeming the Property Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. Idaho law, however, doesn't provide a post-sale redemption period after a nonjudicial foreclosure. (Idaho Code Ann. § 45-1508).

No Redemption Period After a Nonjudicial Foreclosure in Mississippi. Some states have a law that gives a foreclosed homeowner time after the foreclosure sale to redeem the property. In Mississippi, however, you don't get a post-sale redemption period after a foreclosure.

It's theoretically possible to refinance your mortgage to avoid foreclosure by getting into a more affordable payment, but you have to do so before you enter foreclosure.

A hardship letter is a letter written by homeowners to their lenders to make known their financial situations and why they can't meet up with their regular payment. Also, hardship letters can be used to request loan modification and other forms of loan workouts.

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Idaho Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage