45-1506A. RESCHEDULED SALE — ORIGINAL SALE BARRED BY STAY — NOTICE OF RESCHEDULED SALE. (1) In the event a sale cannot be held at the time scheduled by reason of automatic stay provisions of the U.S. bankruptcy code (11 U.S.C. 362), or a stay order issued by any court of competent jurisdiction, then the sale may be rescheduled and conducted following expiration or termination of the effect of the stay in the manner provided in this section.
(2) Notice of the rescheduled sale shall be given at least thirty (30) days before the day of the rescheduled sale by registered or certified mail to the last known address of all persons who were entitled to notice by mail of the original sale and to any person who shall have recorded a request for notice of sale at least forty-five (45) days prior to the rescheduled sale date in the form and manner required by section 45-1511, Idaho Code, provided that recording the request prior to notice of default is, for the purposes of this section only, waived.
(3) Notice of the rescheduled sale shall be published in the newspaper of original publication once a week for three (3) successive weeks, making three (3) publishings in all, with the last publication to be at least ten (10) days prior to the day of sale.
(4) The trustee shall make an affidavit stating that he or she has complied with subsections (2) and (3) of this section. The trustee shall make the above affidavit available for inspection at the time of the rescheduled sale together with any affidavit of mailing and posting, when required, which was not of record as required by subsection (7) of section 45-1506, Idaho Code, when the stay became effective. The affidavit or affidavits shall be attached to or incorporated in the trustee’s deed.
History:
[45-1506A, added 1983, ch. 190, sec. 4, p. 518; am. 1987, ch. 166, sec. 1, p. 327.]
Structure Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Section 45-1502 - DEFINITIONS — TRUSTEE’S CHARGE.
Section 45-1503 - TRANSFERS IN TRUST TO SECURE OBLIGATION — FORECLOSURE.
Section 45-1504 - TRUSTEE OF TRUST DEED — WHO MAY SERVE — SUCCESSORS.
Section 45-1505 - FORECLOSURE OF TRUST DEED, WHEN.
Section 45-1506 - MANNER OF FORECLOSURE — NOTICE — SALE.
Section 45-1506A - RESCHEDULED SALE — ORIGINAL SALE BARRED BY STAY — NOTICE OF RESCHEDULED SALE.
Section 45-1506B - POSTPONEMENT OF SALE — INTERVENTION OF STAY.
Section 45-1506C - SUPPLEMENTAL NOTICE — OPPORTUNITY TO REQUEST LOAN MODIFICATION.
Section 45-1507 - PROCEEDS OF SALE — DISPOSITION.
Section 45-1508 - FINALITY OF SALE.
Section 45-1509 - TRUSTEE’S DEED — FORM AND CONTENTS.
Section 45-1510 - TRUSTEE’S DEED — RECORDING — EFFECT.
Section 45-1512 - MONEY JUDGMENT — ACTION SEEKING BALANCE DUE ON OBLIGATION.
Section 45-1513 - TRANSFERS AND TRUSTS ARE CONVEYANCES.
Section 45-1514 - RECONVEYANCE UPON SATISFACTION OF OBLIGATION.