State records guide
Property title search in Idaho
Facts below are taken from Idaho statutes and official sources, each linked, each checked on the date shown. General information, not legal advice.
Idaho deeds are recorded by the county recorder in 44 counties. A deed of trust may be foreclosed by advertisement and sale, and persons given notice cannot redeem from the trustee's sale purchaser. Unpaid taxes lead to a tax deed to the county after three years, and property acquired after marriage is community property, with exceptions.
What an Idaho title search has to account for
| Where deeds are recorded | Instruments entitled to be recorded must be recorded by the county recorder of the county in which the real property is situated. Source: Section 55-808, Idaho Code, checked 2026-11-06. |
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| Recording jurisdictions | Idaho has 44 counties, each a functioning governmental unit, so the search is run in the county where the parcel sits. Source: U.S. Census Bureau, Idaho State and Local Government Geography Guide, checked 2026-11-06. |
| Mortgage foreclosure process | A deed of trust confers a power of sale on the trustee, exercised after a breach of the secured obligation. The deed of trust may be foreclosed by advertisement and sale under the Trust Deeds Act or, if the beneficiary chooses, by a court foreclosure as for a mortgage. Source: Section 45-1503, Idaho Code, checked 2026-11-06. |
| Redemption after a trustee's sale | A trustee's sale forecloses and terminates the interest of every person who was given the statutory notice and of anyone claiming through them, and those persons have no right to redeem the property from the purchaser at the trustee's sale. Source: Section 45-1508, Idaho Code, checked 2026-11-06. |
| Delinquent property tax sales | If a delinquency is not redeemed within three years from the date of delinquency, the county tax collector must issue a tax deed to the county, after notice of pending issue of tax deed and a recorded affidavit of compliance. Source: Section 63-1005, Idaho Code, checked 2026-11-06. |
| Redemption after a tax sale | Even after the tax deed issues to the county, the record owner or a party in interest may still redeem by paying the delinquency, late charges, interest and costs, up to the time the county commissioners enter into a contract of sale or transfer the property by county deed, and the right expires fourteen months after the tax deed issues if not cut off sooner. Source: Section 63-1007, Idaho Code, checked 2026-11-06. |
| Marital property system | All property acquired after marriage by either spouse, other than the separate property the chapter defines, is community property, and the income from both separate and community property is community property unless the conveyance or a written agreement between the spouses provides otherwise. Idaho community property, joinder and survivorship rules, section by section. Source: Section 32-906, Idaho Code, checked 2026-11-06. |
Which Idaho office records a deed?
The county recorder. Section 55-808 sends instruments entitled to recording to the county recorder of the county where the affected real property is situated, and there are 44 counties. Section 31-2404 has every recorder keep indexes of deeds, grants and transfers by grantor and by grantee.
Section 45-1514 has the trustee reconvey the property to the grantor on the beneficiary's written request once the obligation secured by a deed of trust is performed. The report traces the chain of title as far back as the county's records go, with document images of the key instruments, and verifies findings with the assessor, tax office, recorder and courts.
How is an Idaho deed of trust foreclosed?
Section 45-1503 of the Trust Deeds Act confers a power of sale on the trustee. The deed of trust may be foreclosed by advertisement and sale after a breach of the secured obligation or, at the beneficiary's option, by a court foreclosure as provided for mortgages.
Section 45-1508 says a trustee's sale forecloses and terminates the interest of every person who was given the statutory notice and of anyone claiming through them, and those persons have no right to redeem from the purchaser. It also says a failure to comply with the notice section does not affect the validity of a sale in favor of a purchaser in good faith for value, and section 45-1510 makes the trustee's deed recitals conclusive in favor of such a purchaser. A court foreclosure is different: under section 11-402 the debtor may redeem within six months after the sale for a tract of twenty acres or less, or one year for a larger tract. An auction title report reports the foreclosing lien's position and the liens that would survive, in dollars, for the bidder's attorney.
What happens to Idaho land when taxes go unpaid?
A tax deed to the county. Section 63-1005 says that if a delinquency is not redeemed within three years from the date of delinquency, the county tax collector must issue a tax deed to the county, after notice of pending issue of tax deed and a recorded affidavit of compliance. Section 63-1008 makes the deed prima facie evidence of the matters it recites, section 63-1009 has it convey title free of recorded mortgages, liens and other interests as long as the required notice was sent, and section 63-1011 addresses when possession under it becomes conclusive.
Redemption continues for a time. Section 63-1007 lets the record owner or a party in interest redeem by paying the delinquency, late charges, interest and costs until the county commissioners enter into a contract of sale or convey by county deed, and in any event the right expires fourteen months after the tax deed issues. Section 31-808 has the commissioners hold an auction of tax-deeded property no later than fourteen months after the tax deed issues and notify parties in interest of any excess proceeds. The report verifies tax sales and redemptions with the tax office and states the surviving liens, taxes and assessments in dollars.
How does Idaho community property law shape an estate search?
Idaho is a community property state. Section 32-906 makes all property acquired after marriage by either spouse community property, other than separate property as the chapter defines it, and makes the income of separate property community property unless the conveyance or a written agreement between the spouses says otherwise. Section 32-912 bars either spouse from selling, conveying or encumbering community real estate unless the other joins in the instrument, and section 55-1007 says a married person's homestead may not be conveyed or encumbered by a spouse without the other spouse's consent.
A probate title search finds the decedent's property by name and reports vesting at death, how title passes, including joint tenancy, a trust or a life estate, and the liens to pay. The report states the names and vesting words on the recorded deeds, and an Idaho attorney reads what they mean for a spouse's interest.
Which package fits an Idaho property?
Every package covers Idaho property wherever it is recorded. Pick by situation:
- Probate law firm: Find every property a decedent held, how it was vested and what has to be paid before it passes. $595 per estate.
- Real estate law firm: A preliminary report with schedule-style exceptions and print-ready exhibits for your matter. $695 per property.
- Builders and developers: Multi-parcel research on access, easements, restrictions, mineral reservations and entity ownership. $995 first parcel.
- Auction buyer: Know the total cost to own, which liens survive the sale and whether to bid at all. $395 for 1 property.
- Home buyer: Confirm the seller owns the home and learn what has to be cleared before you pay. $449 per property.
- Home seller: Find the old mortgage, judgment or name mismatch before a buyer's title company does. $449 per property.
Questions about a title search in Idaho
Where are deeds recorded in Idaho?
With the county recorder of the county where the real property is situated, under section 55-808. Idaho has 44 counties, and section 31-2404 has each recorder keep grantor and grantee indexes. The report traces the chain of title as far back as the county's records go, with document images of the key instruments, and verifies findings with the assessor, tax office, recorder and courts.
Can an Idaho borrower redeem after a trustee's sale?
Not after a trustee's sale. Section 45-1508 says the sale forecloses and terminates the interest of every person given the statutory notice and anyone claiming through them, with no right to redeem from the purchaser, and a notice defect does not affect a sale to a purchaser in good faith for value. A court foreclosure sale is different: section 11-402 allows six months or one year depending on acreage.
What happens after three years of unpaid Idaho taxes?
Section 63-1005 has the county tax collector issue a tax deed to the county if a delinquency is not redeemed within three years from the date of delinquency, after a notice of pending issue of tax deed and a recorded affidavit of compliance. Section 31-808 then has the county commissioners hold an auction no later than fourteen months after the tax deed issues.
How late can an Idaho owner redeem after a tax deed to the county?
Section 63-1007 lets the record owner or a party in interest redeem until the county commissioners enter into a contract of sale or transfer the property by county deed, and in any event no later than fourteen months after the tax deed issues. Redemption requires paying the delinquency with late charges, accrued interest and costs. The report verifies tax sales and redemptions with the tax office.
What does community property mean for an Idaho deed?
Idaho is a community property state. Section 32-906 makes property acquired after marriage by either spouse community property, other than separate property as the chapter defines it. Section 32-912 requires both spouses to join in selling, conveying or encumbering community real estate, and section 55-1007 requires the other spouse's consent for the homestead. The report states the names and vesting words on the recorded deeds.