2005 Idaho Code - 11-402 — REDEMPTION -- HOW MADE

                                  TITLE  11
                           ENFORCEMENT OF JUDGMENTS
                               IN CIVIL ACTIONS
                                  CHAPTER 4
                                 REDEMPTIONS
    11-402.  REDEMPTION -- HOW MADE. The judgment debtor or redemptioner may
redeem the property from the purchaser within one (1) year after the sale, if
the real property sold consisted of a tract of land of more than twenty (20)
acres, and within six (6) months after the sale if the real property sold
consisted of a tract of land of twenty (20) acres or less, on paying the
purchaser the amount of his purchase with interest thereon at the rate allowed
in section 28-22-104(1), Idaho Code, from the date of sale to the date of
redemption, together with the amount of any assessment or taxes which the
purchaser may have paid thereon after the commencement of the action and which
are not included in the judgment, and interest at the rate allowed in section
28-22-104(1), Idaho Code, on such amount; and, if the purchaser be also a
creditor having a prior lien to that of the redemptioner, other than the
judgment under which such purchase was made, the amount of such lien with
interest at the rate allowed in section 28-22-104(1), Idaho Code; provided, in
mortgage foreclosure proceedings, the amount necessary to redeem the property
sold under execution shall not include any sum for attorney's fees greater
than the fee actually paid by the judgment creditor or which the judgment
creditor has by written instrument become unconditionally obligated to pay to
his attorney for prosecuting his claim to judgment; and provided, further, the
amount of such fee shall be proven by affidavits of the attorney who has
received and the person who has paid the fee or by other competent evidence to
be presented to the sheriff for his guidance in carrying out the provisions of
law relating to redemption; and, provided further, that such redemptioner
shall not be required to pay any attorney's fees unless such fees shall have
been paid within six (6) months after the sheriff's certificate of sale shall
have issued, or within such time the judgment creditor has become
unconditionally obligated by written instrument to pay such fees.