North Dakota

For homeowners facing foreclosure in North Dakota, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in North Dakota can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in North Dakota can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

North Dakota law requires three foreclosure notices:

  • The bank must serve the homeowner a notice at least 30 days and not more than 90 days before filing a foreclosure lawsuit. The notice gives the homeowner 30 days to pay the overdue debt and avoid a foreclosure.
  • In North Dakota, the bank starts the foreclosure by filing a foreclosure lawsuit in court. It delivers a notice of the foreclosure lawsuit to the homeowner by serving them with a summons and complaint.
  • The bank must publish a notice of the foreclosure sale in a local newspaper once a week for three successive weeks, and send copies to interested parties.

North Dakota Foreclosure Protections

North Dakota foreclosure law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In North Dakota, the homeowner can cure the default and reinstate the mortgage within 30 days after being served the notice before foreclosure.

In North Dakota, the homeowner can redeem the home within 60 days after the foreclosure sale. If the property is agricultural, the redemption period is one year after the bank files the foreclosure complaint or 60 days after the foreclosure sale, whichever is later.

Deficiency Law

North Dakota has an anti-deficiency law that prohibits deficiency judgments in foreclosures of residential properties of four or fewer homes, one of which the homeowner occupies as their primary residence, on up to 40 adjoining acres.

The foreclosure complaint must state whether the bank will request a deficiency judgment.

Eviction Notice

The foreclosed homeowner can stay in the home during the redemption period. After the redemption period ends, the court can order the homeowner to give possession to the buyer. For information regarding how to avoid foreclosure in North Dakota, visit HUD.gov.

 

North Dakota

For homeowners facing foreclosure in North Dakota, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in North Dakota can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in North Dakota can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

North Dakota law requires three foreclosure notices:

  • The bank must serve the homeowner a notice at least 30 days and not more than 90 days before filing a foreclosure lawsuit. The notice gives the homeowner 30 days to pay the overdue debt and avoid a foreclosure.
  • In North Dakota, the bank starts the foreclosure by filing a foreclosure lawsuit in court. It delivers a notice of the foreclosure lawsuit to the homeowner by serving them with a summons and complaint.
  • The bank must publish a notice of the foreclosure sale in a local newspaper once a week for three successive weeks, and send copies to interested parties.

North Dakota Foreclosure Protections

North Dakota foreclosure law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In North Dakota, the homeowner can cure the default and reinstate the mortgage within 30 days after being served the notice before foreclosure.

In North Dakota, the homeowner can redeem the home within 60 days after the foreclosure sale. If the property is agricultural, the redemption period is one year after the bank files the foreclosure complaint or 60 days after the foreclosure sale, whichever is later.

Deficiency Law

North Dakota has an anti-deficiency law that prohibits deficiency judgments in foreclosures of residential properties of four or fewer homes, one of which the homeowner occupies as their primary residence, on up to 40 adjoining acres.

The foreclosure complaint must state whether the bank will request a deficiency judgment.

Eviction Notice

The foreclosed homeowner can stay in the home during the redemption period. After the redemption period ends, the court can order the homeowner to give possession to the buyer. For information regarding how to avoid foreclosure in North Dakota, visit HUD.gov.

 

Scroll to top