- In North Dakota, lenders use judicial foreclosure to foreclose on defaulted mortgages. The judicial process requires the lender to provide at least 30 days notice to the borrower before filing a lawsuit. - If the borrower does not pay the delinquent amount plus costs within 30 days of receiving notice, the lender can file a foreclosure lawsuit. The property is then sold at a sheriff's auction. - Borrowers have a redemption period of 1 year after the auction to pay off the loan balance, but it may be as short as 6 months if specified in the mortgage. Deficiency judgments are allowed in North Dakota.

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North Dakota Foreclosure Law Summary
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Quick Facts
WHY USE SHORT SALE US
- Judicial Foreclosure Available: Yes
SUCCESS STORIES
- Non-Judicial Foreclosure Available: No
WHO QUALIFIES FOR A SHORT SALE
- Primary Security Instrument: Mortgage
FAQs
- Timeline: Typically 90 days
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- Right of Redemption: Yes
VALUE YOUR HOME
- Deficiency Judgments Allowed: Yes
STATE FORCLOSURE LAWS
In North Dakota, lenders may foreclose on a mortgage in default by using the
CONTACT US judicial foreclosure process.
HIRE US Judicial Foreclosure
Generally, in judicial foreclosure, a court decrees the amount of the borrowers
debt and gives him or her a short time to pay. If the borrower fails to pay within
that time, the clerk of the court then advertises the property for sale.
However, in North Dakota, the lender must give the borrower no less than
thirty (30) days advance notice of their intent to foreclose. Said notice must be
sent registered or certified mail no later than ninety (90) days before the suit is
filed and must contain: 1) a description of the real estate; 2) the date and
amount of the mortgage; 3) the individual amounts due for principal, interest
and taxes paid by the lender; and 4) a statement that a lawsuit will be filed to
foreclose if the amount is not paid within thirty (30) days from the date the
notice was mailed.
The borrower may stop the foreclosure process by paying the delinquent
amount, plus foreclosure costs, prior to the time the sale is confirmed by the
court.
All sales in North Dakota must be made by the sheriff or his deputy of the
county and in the county where the property is located. The property will be
sold to the highest bidder, who will be issued a certificate of sale until the
borrowers redemption period has ended. Borrowers typically have a period of
one (1) year to redeem the property by paying the balance due on the loan,
plus costs, but it may be only six (6) months if the mortgage includes
short-term redemption rights.
It is possible to obtain a deficiency judgment against the borrower in North
Dakota.
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