Summary of North Dakota's Foreclosure Laws

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. Homeowner has 20 to 30 days to respond. Notice of sale must be published or posted on courthouse door and five other places. Sale must be set aside if proper notice wasn’t given. N.D. Cent. Code § 28-23-04
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
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

Summary of North Dakota's Foreclosure Laws

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