Mortgage foreclosure surplus

Idaho Code § 45-1507(3) expressly orders distribution of a nonjudicial trustee-sale surplus after sale expenses, the secured obligation, and qualifying junior liens to the grantor or successor in interest. Judicial foreclosure follows separate court-supervised rules in Title 6. Section 45-1507 sets no fixed filing period for the grantor’s residual proceeds. Idaho Code § 45-1508 eliminates post-sale redemption for a deed-of-trust sale; that redemption rule is not a surplus-claim deadline.

Tax sale surplus

Idaho Code § 31-808(2)(b)–(d) governs proceeds when a county sells tax-deeded property. It specifies notice, priority claims, payment of any residual to the tax-deed owner of record, and transfer of remaining unclaimed money to the State Treasurer. The county must notify parties in interest within 30 days of sale. A party in interest has 60 days after receiving notice to submit a claim; late claims are barred (§ 31-808(2)(b)). The pre-sale tax-deed/redemption period is distinct.

Unclaimed funds

Idaho Revised Unclaimed Property Act, Idaho Code tit. 14, ch. 5 (effective 2024), including §§ 14-5-801 and 14-5-901. The State Treasurer administers claims. Under § 14-5-801(2), certain school-endowment escheat funds and unidentified-owner funds can become unredeemable after ten years; other property remains redeemable. Check the fund category.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute