Surplus funds in Idaho: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Trustee holds/pays grantor (45-1507); judicial surplus deposited in court (6-102). Demand trustee; interpleader if disputed.
Deadline: No surplus-claim deadline found; 45-1512 is a 3-month deficiency action, not surplus.
Non-judicial DOT default. 45-1507: costs, debt, junior recorded liens, surplus to grantor. No pre-escheat fee cap/bar found. Ch.16 5-day rescission if contracting during foreclosure.
Tax sale overages
Yes — we recover this here.
BOCC/treasurer holds tax-deed excess; 30-day notice; claim in 60 days; remainder to record owner (31-808).
Deadline: 60 days from notice receipt; late claims rejected (31-808(2)(c)). Unclaimed may transfer to Treasurer.
Already returned surplus (2016/2024 amends). Auction ≤14 mo after tax deed. Min bid = taxes+costs. Tyler-compliant; no 2024–26 overhaul needed. No fee cap found.
Courtroom requirement: Standard claims here are administrative — no attorney legally required for a routine filing.
If nobody claims it: Tax leftover may go to Treasurer (31-808(2)(d)/ch.14-5, custodial). Court/gov funds abandon after 1 yr (14-5-201(1)(h)-(i)). Post-escheat: 24-mo void, no % cap found.
Cars, boats & RVs in Idaho: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch15/sect45-1507/ · https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch1/sect6-102/
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