North Dakota Foreclosure is Judicial.
Action to Foreclose Mortgage on Real Estate Authorized.
An action may be brought in the district court for the foreclosure or satisfaction of a mortgage upon real property in accordance with the provisions of this chapter.
What North Dakota Foreclosure Complaint shall state.
In an action for the North Dakota foreclosure or satisfaction of a mortgage, the complaint shall state whether any proceedings have been had at law or otherwise for the recovery of the debt secured by such mortgage, or any part thereof, and if there have been, whether any and what part thereof has been collected. The plaintiff shall also state in the complaint whether the plaintiff will in a later and separate action demand judgment for any deficiency which may remain due to the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage.
North Dakota Foreclosure Summons – How served.
In addition to any other method provided by law for the service of summons, in all actions for the North Dakota foreclosure or satisfaction of a mortgage, or other lien, upon real estate, in any court of this state, the summons may be served personally upon all defendants, if any, in actual possession of the real estate involved in the action, if such real estate is occupied, and upon all other defendants by publication in the manner provided in this chapter. When the summons is thus served the service shall be deemed complete.
Notice before foreclosure.
At least thirty days and not more than ninety days before the commencement of any action or proceeding for the foreclosure of a mortgage on real estate, a written notice shall be served on the title owner of record of the real estate described in the mortgage as shown by the records in the office of the recorder of the county in which such real estate is situated.
Contents of North Dakota Foreclosure Notice.
The notice before North Dakota foreclosure shall contain:
1. A description of the real estate.
2. The date and amount of the mortgage.
3. The amount due for principal, interest, and taxes paid by the owner of the mortgage, stated separately.
4. A statement that if the amount due is not paid within thirty days from the date of the mailing or service of the notice proceedings will be commenced to foreclose the mortgage.
Notice may be served by registered or certified mail.
According to North Dakota foreclosure law, the notice before foreclosure may be served by registered or certified mail addressed to the owner of record at the owner’s post-office address as such address is shown by the mortgage or by the records in the chain of title to such real estate in the office of the recorder of the county where the real estate is situated. If such post-office address is not shown in the mortgage or in such records, the notice may be served by registered or certified mail addressed to the owner of record at the post office nearest any part or tract of the real estate.
North Dakota Foreclosure Certificate of Sale – Deed and Effect.
Whenever any real property shall be sold under judgment of foreclosure pursuant to the provisions of this chapter, the officer or other person making the sale must give to the purchaser a certificate of sale and at the expiration of the time for the redemption of such property, if the same is not redeemed, the person or officer making the sale, or the successor in office, or other officer appointed by the court, must make to the purchaser, the purchaser’s heirs, or assigns, or to any person who has acquired the title of such purchaser by redemption or otherwise, a deed or deeds of such property. Such deed shall vest in the grantee all the right, title, and interest of the mortgagor in and to the property sold, at the time the mortgage was executed, or subsequently acquired by the mortgagor, and shall be a bar to all claim, right, or equity of redemption in or to the property by the parties to such action, their heirs and personal representatives, and also against all persons claiming under them, or any of them, subsequent to the commencement of the action in which such judgment was rendered.
Application of proceeds.
The proceeds of every North Dakota foreclosure sale must be applied to the discharge of the debt adjudged by the court to be due and of the costs, and if there is any surplus, it must be brought into court for the use of the defendant or of the person entitled thereto, subject to the order of the court.
When there is a surplus after North Dakota Foreclosure Sale.
If the surplus upon a North Dakota foreclosure sale, or any part thereof, shall remain in court for the term of three months without being applied for, the judge of the district court may direct the same to be put out at interest for benefit of the defendant, the defendant’s representatives, or assigns, subject to the order of the court.
Complaint dismissed on payment of installments due.
Whenever an action shall be commenced for the foreclosure of a mortgage upon which there shall be due any interest, or any portion or installment of the principal, and there shall be other portions or installments to become due subsequently, the complaint shall be dismissed upon the defendant’s bringing into court at any time before decree of sale the principal and interest due, with costs and disbursements.
North Dakota Foreclosure Redemption Period.
All real property sold upon foreclosure of a mortgage by order, judgment, or decree of court may be redeemed at any time within one year after such sale.
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