North Dakota Laws

North Dakota foreclosures are pursued through judicial means. State law requires the lender to inform the homeowner of the amount owed in default and the imminent threat of foreclosure if payment is not received in thirty days. After this time period expires, the lender may file a suit against the defaulted homeowner in court and begin the process of foreclosure.

At a preliminary hearing the court will assess the evidence and determine how much is owed to the lender. The court will also provide an additional, though short period of time in which the homeowner can pay off their debt. If the homeowner still fails to pay, the court will issue a ruling against them and arrange for their property to be sold at public auction in order to retrieve the lender's loan. The homeowner can still stop the foreclosure by paying off the default amount before the sale takes place.

A North Dakota foreclosure sale must take place at least two months after the court's ruling. A Notice of Sale must also be printed and published in a local newspaper for a number of weeks, the last publication appearing within at least ten days of the sale.

On the date in question, the Sheriff will auction off the property to the highest bidder. Once payment of the winning bid is received, the Sheriff issues a Certificate of Sale. The homeowner then has one full year to redeem ownership by paying the full sale price of the property and any additional interest, or in some cases only six months. Once the redemption period expires without event, the winning bidder assumes all rights to ownership.

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