Title 35 — Liens

Every mortgage of real property held by the state or any of its agencies, departments, or instrumentalities, containing a power of sale, upon default being made in the conditions of such mortgage, may be foreclosed by advertisement in the manner provided by law. No other mortgage…

To entitle a party to foreclose by advertisement, it is requisite: 1. That default in a condition of the mortgage has occurred by which the power of sale has become operative; 2. That no action or proceeding has been instituted at law to recover the debt then remaining secured by…

When the mortgagee or the mortgagee's assignee has served notice of intention to foreclose a mortgage, and within the period provided by such notice it is made to appear by the affidavit of the mortgagor, or any person claiming under the mortgagor, or the mortgagor's agent or att…

If a mortgage is given to secure the payment of money by installments, each of the installments mentioned in the mortgage must be taken and deemed to be a separate and independent mortgage, and the mortgage for each of the installments may be foreclosed in the same manner and wit…

Notice that the mortgage will be foreclosed by a sale of the mortgaged premises or some part thereof must be given by publishing the same six times, once in each week for six successive weeks, in a newspaper published in the county where the premises intended to be sold, or some …

The notice of sale must be in substantially the following form: Notice is given that that certain mortgage, executed and delivered by ____________, mortgagor, to ____________, mortgagee, dated ____________, ____, and filed for record in the office of the recorder of the county of…

The sale must be at public auction between the hours of nine a.m. and the setting of the sun on that day, at the front door of the courthouse in the county in which the premises to be sold or some part of them are situated, and must be made to the highest bidder by the sheriff of…

If the mortgaged premises consist of a single farm or tract, the property may be sold as a unit. If the premises consist of several distinct farms or tracts, the same must be sold separately, and only such farms or tracts may be sold as are necessary to satisfy the amount due on …

The mortgagee, the mortgagee's assigns, or the legal representatives of any of them, fairly and in good faith may purchase the premises advertised or any part thereof at the sale. 35-22-11. Certificate of sale - Contents - Recordation within sixty days after sale - Effect of cert…

The person foreclosing a mortgage by advertisement is entitled to the person's costs and disbursements out of the proceeds of the sale. 35-22-13. Foreclosure - Attorney's and sheriff's fees - Division of attorney's fees unlawful. Repealed by S.L. 1975, ch. 106, § 673.

An affidavit, made as provided in section 31-04-06, of the publication of the notice of the sale and of any postponement must be filed for record by the officer making the sale, in the office of the recorder of the county in which the real property is situated, within sixty days …

A note referring to the page and book or document number where the evidence of any sale made under a mortgage is recorded must be made by the recorder in the margin of the record of the mortgage.

The affidavit of publication must be recorded in the office of the recorder of the county in which the real property is situated in a record kept for mortgages. The original affidavit, the record thereof, and certified copies of the record are prima facie evidence of the facts co…

Within ten days after the filing of the affidavit of publication of the notice of mortgage foreclosure in any foreclosure of a real estate mortgage by advertisement, a copy of the affidavit of publication must be mailed by certified mail to the record title owner and to every sub…

An affidavit setting forth the time and manner of the mailing of the copy of the affidavit of publication, the description of the land, and the name and post-office address of the person or persons to whom the affidavit of publication was mailed must be filed and recorded in the …

The failure to comply with sections 35-22-17 and 35-22-18 in no way invalidates the foreclosure proceedings nor affects the title to the property involved, but such failure renders the state liable in a civil action to the person entitled to a copy of the affidavit of publication…

The property sold may be redeemed in like manner and with the same effect as is provided for redemption of real property sold upon execution in chapter 28-24 so far as the same may be applicable by: 1. The mortgagor or the mortgagor's successor in interest of the whole or any par…

If the mortgaged premises are not redeemed, it is the duty of the officer who sold the same, or that person's successor in office, or some other person appointed by the district court for that purpose, to complete the sale by executing a deed of the premises sold to the original …

If after the sale there remains in the hands of the officer making the sale any surplus money after satisfying the mortgage on the real property sold and after payment of the costs and expenses of the foreclosure and sale, the surplus must be held by such officer for a period of …

If the notice mentioned in section 35-22-22 is served upon the officer making the sale within the time therein provided, such officer forthwith shall pay the surplus into the district court of the county in which the sale was made. Any person claiming the surplus, or any part the…

A person filing the petition as prescribed in section 35-22-23, after the expiration of thirty days from the day of sale, may apply to the district court for an order thereon. Notice of the application must be served either by mail or personally upon each person who has filed a l…

Upon the presentation of the petition with due proof of the service of the notice of the application, the court shall ascertain the amount due to the petitioner and to each other person whose claim is a lien upon the surplus money and the priorities of the several liens. The cour…