To assist servicers and other mortgage industry professionals in complying with Idaho’s foreclosure laws, the Attorney General has prepared the following sample forms that may be downloaded and reproduced as needed. Unless otherwise noted, use of these exact forms, while recommended, is not required. The sample forms provided in this section substantially conform to any mandates contained in the cited statutes.
The Attorney General’s provision of these sample forms is not a substitute for competent legal advice. Because the office cannot advise or represent private individuals, we encourage persons with questions about their legal rights or obligations to speak to an experienced private attorney who is licensed to practice in Idaho.
5-Day Right to Rescind Notice (Idaho Code § 45-1505(3)(b)) Notice to the grantor explaining the consequences of mortgage foreclosure and informing the grantor he or she has five days to rescind any contract that transfers their interests in the property subject to the pending foreclosure. The Attorney General is responsible for publishing a Spanish-language version of the notice.
Notice of Opportunity to Request Modification (Idaho Code § 45-1506C) Notice to the grantor explaining how he or she can request to meet with the beneficiary to discuss options for modifying the grantor’s loan.
Example 1 - Mirrors the version that is printed in the statute.
Example 2 - Includes modified language to warn borrowers about paying an upfront fee for mortgage modification assistance.
Example 3 - Includes modified language to inform borrowers about the federal Making Home Affordable programs and modified language to warn borrowers about paying an upfront fee for mortgage modification assistance.
Home Loan Modification Request Form (Idaho Code § 45-1506C) Notice to the grantor that accompanies the “Notice of Opportunity to Request Modification.”
To demonstrate compliance with Idaho’s notice requirements, the trustee (or other appropriate person) must record the following affidavits with the recorders’ offices in the counties where the properties described in the trust deeds are situated.
Affidavit of Compliance with Idaho Code Section 45-1506C (Idaho Code § 45-1506C)
Example 1 - Mirrors the statutory form except for the following changes: (i) it includes alternative language to cover situations when the grantor does not request a meeting with the beneficiary; and (ii) it provides the proper notary format for affidavits.
Example 2 - Requires the trustee to swear to completing only the tasks that a trustee, as opposed to a beneficiary, typically performs. This form must be used in conjunction with Example 3, which the beneficiary executes.
Example 3 - Requires the beneficiary to swear to completing only the tasks that a beneficiary, as opposed to a trustee, would perform. This form must be used in conjunction with Example 2, which the trustee executes.
Affidavit of Mailing (Idaho Code § 45-1506(8))
Consumer Foreclosure Protection Act Notice (Title 45, Chapter 16, Idaho Code) Notice to homeowners who contract to transfer their “interest” in their home to another person during the foreclosure process. The Attorney General is responsible for publishing a Spanish-language version of the notice.