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.


State Rule

Most common type of foreclosure process


Notice of the foreclosure

Foreclosing party must serve (by mail) homeowner with a notice at least 30 days and not more than 90 days before foreclosure. Foreclosing party gives notice of the foreclosure lawsuit by serving the borrower with the complaint and summons. Borrower has 21 days to respond. Notice of sale must be published in a newspaper for three weeks, and mailed to interested parties.

Reinstatement of loan before sale

Available within 30 days after service of the notice before foreclosure

Redemption after sale

Available within 60 days after foreclosure sale

Special protections for foreclosures involving high-cost mortgages


Special state protections for service members


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 up to 40 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. After the redemption period expires, the court can order the former homeowner to give possession to the purchaser, which is typically the foreclosing party.

Foreclosure statutes

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

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