Summary of North Dakota's Foreclosure Laws

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If you are facing foreclosure in North Dakota, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in North Dakota
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of North Dakota foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Judicial

Time to respond

Foreclosing party must serve homeowner with notice of intent to foreclose 30 to 90 days before filing the foreclosure complaint. Foreclosing party then gives notice of the lawsuit by serving the borrower with the complaint and summons. Notice of sale must be published. 

Reinstatement of loan before sale

Available within 30 days after homeowner is served with notice of intent to foreclose

Redemption after sale

Available within 60 days of foreclosure sale

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

None

Deficiency judgments

Not allowed in foreclosures of residential property of four or fewer units, one of which is occupied by the owner as his or her primary residence, on 40 or fewer contiguous acres.

Cash exempted in bankruptcy

$7,500 for one person, $15,000 for a married couple

Notice to leave after house is sold

Former owner can stay in the house until redemption period ends; then the sheriff may immediately evict.

Foreclosure statutes

N.D. Cent. Code §§ 32-19-01 to 32-19-41

Updated by: , Contributing Editor

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