Title 32 — Judicial Remedies

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.

Repealed by S.L. 2005, ch. 302, § 30.

Repealed by S.L. 2005, ch. 302, § 30.

Repealed by S.L. 2005, ch. 302, § 30.

Repealed by S.L. 2005, ch. 302, § 30.

Repealed by S.L. 2005, ch. 302, § 30.

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,…

An action may be maintained in the district court to foreclose any lien upon personal property.

If the plaintiff is not in possession of the property, the judge of the court in which the action is commenced, at the time of the commencement of the action or at any time before judgment, may issue a warrant commanding the sheriff to seize and safely keep the same to abide the …

Repealed by S.L. 1985, ch. 378, § 5.

Before issuing the warrant, the clerk must require a written undertaking on the part of the plaintiff with sufficient surety to the effect that if the defendant recovers judgment the plaintiff will pay all costs that may be awarded to the defendant, and all damages which the defe…

Within ten days after notice of the issuing of a warrant to seize the defendant's property, the defendant may, by special answer, deny the existence, at the time of the making of the affidavit, of the material facts stated therein, and may assert undue hardship as a defense. The …

In making its determination of the issue raised by the special answer, the court shall consider any undue hardship on the defendant that would result from an issuance of the warrant. If the court finds for the defendant, the judge shall tax the defendant's costs of such trial, an…

In an action for the foreclosure of a lien on personal property, judgment in favor of the plaintiff must specify the amount due on the lien and must direct a sale of the property to satisfy the same and the costs, by a person appointed thereby, or by an officer designated therein…

The provisions of the chapter on attachment in this title relative to rebonding, the sale of perishable property, and proceedings in case judgment is in favor of the defendant shall apply to proceedings under this chapter so far as the same are applicable.

In all cases of foreclosure of chattel liens of any kind, foreclosure will be ordered only upon proof that the property or some part thereof is in existence, subject to execution, and within the jurisdiction of the court.

This chapter does not affect any right or remedy to foreclose or otherwise enforce or satisfy a lien upon or security interest in personal property without action as prescribed in sections 41-09-98 through 41-09-123.

Whenever the death of a person shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured, if death had not ensued, to maintain an action and recover damages in respect thereof, then and in every such …

In an action brought under the provisions of this chapter, the jury shall give such damages as it finds proportionate to the injury resulting from the death to the persons entitled to the recovery.

The action shall be brought by the following persons in the order named: 1. The surviving husband or wife, if any. 2. The surviving children, if any. 3. The surviving mother or father. 4. A surviving grandparent. 5. The personal representative. 6. A person who has had primary phy…

The amount recovered shall not be liable for the debts of the decedent, but shall inure to the exclusive benefit of the decedent's heirs at law in such shares as the judge before whom the case is tried shall fix in the order for judgment, and for the purpose of determining such s…

The action shall not abate by the death of the injured party or the tort-feasor. If the plaintiff dies pending the action, the person next in order entitled to bring the action, by order of the court, shall be made plaintiff therein.

The person entitled to bring the action may compromise the same, or the right thereto, and such compromise shall be binding upon all persons authorized to bring the action or to share in the recovery.

Every person imprisoned or restrained of the person's liberty under any pretense whatever may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint and thereby, except in the cases specified in section 32-22-02, obtain relief from such impr…

The person in whose behalf the application is made is not entitled to relief from imprisonment or restraint under a writ of habeas corpus, if the time during which such person may be detained legally in custody has not expired, whenever it appears: 1. That the person is detained …

Application for the writ must be made by petition signed either by the person for whose relief it is intended or by some person in that person's behalf, and must specify: 1. That the person in whose behalf the writ is applied for is imprisoned or restrained of the person's libert…

The writ of habeas corpus must be granted, issued, and made returnable as hereinafter stated: 1. The writ must be granted by the supreme court, or any judge thereof, upon petition by or on behalf of any person restrained of the person's liberty within this state. When granted by …

The court authorized to grant the writ to whom a petition therefor is presented, if it appears that the writ ought to issue, must grant the same without delay, and the writ shall not be denied for any informality in the petition or for any want of matters of substance, if the sam…

When, upon application to the supreme court for a writ of habeas corpus, it is apparent that no necessity exists for its immediate issuance, and a district court has entertained an application for the writ, and, upon hearing, quashed it, the supreme court will require all the pap…

The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command that person to have the person in custody or restraint personally appear before the court before whom the writ is returnable, at a place t…

Every writ of habeas corpus issued under the provisions of this chapter shall be in substantially the following form: State of North Dakota ) ) ss. County of _______________ ) The state of North Dakota to the sheriff of _________ etc. (or to _________): You are hereby commanded t…

Whenever the writ is directed to the sheriff or other ministerial officer of the court out of which it is issued, it must be delivered by the clerk or by such person as it may be entrusted to, without delay, as other writs are delivered to such sheriff or other officer for servic…

If the person to whom the writ is directed refuses, after service, to obey the same, the court, upon affidavit stating such facts, must issue an attachment against such person, directed to the sheriff or coroner, commanding the sheriff or coroner forthwith to arrest such person a…

The person upon whom the writ is served must state in the person's return, plainly and unequivocally: 1. Whether that person has or has not the party in custody or under power or restraint. 2. If that person has the party in custody or power or under restraint, that person must s…

The person to whom the writ is directed, if it is served, must bring the party in custody or under restraint, according to the command of the writ, except in cases specified in section 32-22-13.