46 chapters · 434 sections in this title.
N.D.C.C. § 28-23-01 Sale of personal property - Notice of sale
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The officer who levies upon personal property, other than crops or perishable property, shall give public notice of the time and place of the sale by advertisement published once each week for two successive weeks next before the day of sale in the county's official newspaper.
N.D.C.C. § 28-23-02 Sale of crops
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If the levy is upon harvested crops, at the option of the judgment creditor, the crops may be sold in the nearest usual market for crops, at any time after such levy at the market price without publishing notice of sale. In that case, the notice of levy or a subsequent notice to …
N.D.C.C. § 28-23-03 Perishable property
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Perishable property may be sold pursuant to the order of the court, prescribing such notice, time, and manner of sale as may be reasonable, considering the character and condition of the property.
N.D.C.C. § 28-23-04 Sale of real property - Notice of sale - Contents
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1. Before any real property or interest in real property taken on execution may be sold, the officer making the sale shall give public notice of the time and place of the sale by advertisement in the county's official newspaper once a week for three successive weeks, the last pub…
N.D.C.C. § 28-23-05 Where sale of real property made
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All sales of real property or any interest in real property under execution must be held in the county in which the real property is situated, or at a place within the county as the sheriff designates in the notice of sale, or the place designated in the published notice of sale …
N.D.C.C. § 28-23-06 Place of sale of personal property
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If the owner of the personal property levied on, other than crops, agrees to keep the property safely until the day of sale and requests that the sale be held on the premises where the property is seized, the sale must be held on the premises where the property is seized. Otherwi…
N.D.C.C. § 28-23-07 Time and manner of sale
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All sales of property under execution must be made at public auction to the highest bidder, between the hours of nine a.m. and four p.m. After sufficient property has been sold to satisfy the execution, no more property may be sold. A sheriff or other officer or the sheriff's or …
N.D.C.C. § 28-23-08 Postponements
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When there are no bidders, or when the amount offered is grossly inadequate, or when from any cause the sale of any real or personal property upon execution or upon the foreclosure of a mortgage or other lien is prevented from taking place on the day fixed, the sheriff, or person…
N.D.C.C. § 28-23-09 Surplus paid judgment debtor
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Except for real estate foreclosure sales if the property sells for more than the amount required to be collected, the surplus must be paid to the judgment debtor, unless the officer has another execution in the officer's hands on which the surplus rightfully may be applied.
N.D.C.C. § 28-23-10 Sale after ninety days - Abandonment of levy
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In case of the failure of the sale by reason of irregularities in giving notice thereof, or of its postponement, the property may be sold upon proper notice by virtue of the execution after the expiration of the ninety days allowed for the return thereof, and the officer in the o…
N.D.C.C. § 28-23-11 Purchaser's right - Sheriff's certificate
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1. The purchaser of real property under execution is substituted for the judgment debtor and acquires all the right, title, interest, and claim of the debtor to the property. If the estate is a leasehold less than two years' unexpired term, the sale is absolute. Otherwise, the re…
N.D.C.C. § 28-23-12 Recording of sheriff's certificate required - Evidence
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The sheriff's certificate of sale must be recorded in the office of the recorder of the county in which the real property is situated within ten days from the date of sale. The sheriff's certificate or a certified copy of the certificate certified by the recorder must be taken an…
N.D.C.C. § 28-23-13 Proceedings upon confirmation
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If the court, upon the return of any execution for the satisfaction of which any real property or interest in real property has been sold, after having carefully examined the proceedings of the officer is satisfied that the sale has been made in all respects in conformity to the …
N.D.C.C. § 28-23-14 Reversal does not defeat sale
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If any judgment, in satisfaction of which any real property is sold, is reversed, the reversal does not defeat nor affect the title of the purchaser, but restitution must be made by the judgment creditor of the money received from the sale, with legal interest on the money from t…