Title 32, Judicial Remedies

The plaintiff shall bring an action in district court for the foreclosure of a mortgage upon real property.

The plaintiff may not obtain a deficiency judgment in a foreclosure of residential property with four or fewer units of up to forty contiguous acres [16.19 hectares] containing a residence occupied by the owner as a homestead. The plaintiff may obtain a deficiency judgment on agr…

In an action for the foreclosure of a mortgage, the complaint must state sufficient allegations to identify the mortgage being foreclosed, to establish the applicable redemption period, and to determine whether a deficiency judgment will be sought and against which parties.

In any action for the foreclosure of a real estate mortgage, the court shall render judgment for the amount found to be due and the costs of the action, and shall order a sale of the premises to pay the amount adjudged to be due. The court may order delivery of the possession of …

In an action involving the foreclosure of a mortgage on commercial real property, the plaintiff shall state in the pleading whether a deficiency judgment will be sought and if sought shall identify the parties claimed to be personally liable and demand a deficiency judgment again…

If the complaint in an action to foreclose on agricultural land of more than forty acres [16.19 hectares] has provided for a deficiency judgment, a separate action for the deficiency must be brought within ninety days after the sheriff's sale. In the separate action, a deficiency…

Notwithstanding any other provision of state law, if a promissory note or other obligation and a mortgage, other than a first mortgage, upon real estate have been given to secure a debt contracted on or after August 1, 1993, a mortgagee may bring an action on the promissory note …

A sale of mortgaged premises under a judgment of foreclosure must be made in the county where the premises or some part of the premises are situated. The sale must be made by the sheriff of that county, the sheriff's deputy, or by some person appointed by the court for that purpo…

At the sheriff's sale, the person making the sale must give to the purchaser a certificate of sale as provided by section 28-23-11, and at the expiration of the time for the redemption, if not redeemed, the person making the sale, or the successor in office, must give the purchas…

The proceeds of every foreclosure sale must be applied to the discharge of the debt adjudged by the court to be due and of the costs, and if there is any surplus, it must be brought into court subject to the order of the court. If the surplus is less than one thousand dollars and…

If the surplus is one thousand dollars or more and is not applied for within ninety days, the court may direct the same to be deposited at interest for benefit of the defendant, the defendant's representatives, or assigns, subject to the order of the court.

A party in a foreclosure action or the successor of a party may redeem from the foreclosure sale within sixty days after the sale, except for abandoned property as provided in section 32-19-19 and agricultural land. Agricultural land may be redeemed within three hundred sixty-fiv…

A person redeeming from a sheriff's sale may pay the required amount either to the holder of the certificate or to the sheriff. If there is a dispute as to the amount required to redeem, the person attempting to redeem shall deposit with the sheriff the amount the person calculat…

The court, by injunction, on good cause shown, may restrain the party in possession from doing any act to the injury of real property during the existence of the lien or foreclosure of a mortgage on the real property and until the expiration of the time allowed for redemption. If…

At least thirty days and not more than ninety days before the commencement of any action or proceeding for the foreclosure of a mortgage on real estate, a written notice shall be served on the title owner of record of the real estate.

The notice before foreclosure shall contain: 1. A description of the real estate. 2. The date and amount of the mortgage. 3. The amount due to bring the installments of principal and interest current as of a date specified, and the amount advanced by the mortgagee for taxes, insu…

The notice before foreclosure may be served by mail, as provided in rule 4 of the North Dakota Rules of Civil Procedure, addressed to the owner of record at the owner's post-office address in the mortgage or by the records in the chain of title of the recorder of the county where…

1. If the record title to real estate is in the name of a deceased person, notice before foreclosure need not be served unless a personal representative of the estate is appointed in the county in which the real estate is situated. The certificate of the judge or clerk of the dis…

1. An affidavit under this section is prima facie evidence of abandonment if the affidavit is made by: a. The sheriff or sheriff's deputy of the county in which the mortgaged premises is located, or of a building inspector, zoning administrator, housing official, or other municip…

If a personal representative of the estate of the deceased owner has been appointed in the county where the real estate is situated, the notice before foreclosure must be served upon the personal representative. Service may be made by registered mail, as provided in rule 4 of the…

Service of the notice before foreclosure may be made upon the title owner of record or upon the personal representative of the owner's estate by personal service within or without this state in the manner provided by law for the service of a summons in a civil action.

In any case, service of the notice before foreclosure is sufficient if it actually was received by the title owner or by the personal representative of the owner's estate. A United States post-office registry return receipt showing that the envelope containing the notice has been…

Proof of service of notice before foreclosure may be made by the return of a sheriff or other officer, or by affidavit of the person making personal service or mailing such notice. Proof of death of the title owner of record may be made by a certified copy of the death certificat…

If the record title owner or the personal representative of the owner's estate, within thirty days from the service of notice before foreclosure, performs the conditions or complies with the provisions upon which default in the mortgage occurred, the mortgage must be reinstated a…

The summons in a foreclosure action must be served in the same manner as in any civil action.

Service by publication is completed upon the expiration of thirty-six days after the first publication of the summons, or in case of personal service of the summons and complaint upon the defendant outside of the state, upon the expiration of fifteen days from such service.

Personal service of the summons may be made in the manner provided by the North Dakota Rules of Civil Procedure.

A person having or claiming an estate or interest in, or lien or encumbrance upon, the property described in the complaint and not in possession and not appearing of record in the office of the recorder, the clerk of the district court, or the county auditor of the county in whic…

The summons in a foreclosure action in which the persons unknown are named as defendants must contain, or have appended to it, a statement substantially as follows: This action relates to the foreclosure of a mortgage or lien, as the case may be, upon (here describe the real esta…

All orders, judgments, or decrees entered in any action are binding upon each person proceeded against as a defendant, whether of age or minors, and each person claiming by, through, or under a defendant after the commencement of the action. The same are binding upon whose intere…

In any action to foreclose a mortgage or other lien upon real property, a person holding a conveyance or having a lien upon the property, if such conveyance or lien does not appear of record in the proper office at the time of the commencement of the action, does not need to be m…

1. If real property is adjudicated to be abandoned by an affidavit under section 32-19-23.1 or by a petition under section 32-19-19, the grantee in a sheriff's deed that has been recorded, or after receipt and recording of a deed in lieu of foreclosure, may retain and dispose of,…