North Dakota Foreclosure Timeline and Laws

North Dakota Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.

North Dakota foreclosures are conducted by judicial foreclosure.

Notice Requirements for Foreclosure in North Dakota

A notice of sale must be published in the county newspaper of general circulation. The last publication must be at least 10 days before the sale. It must contain the property description, date and mortgage amount, past due amounts including interest and taxes, and that foreclosure will occur if arrearages are not paid within thirty days. Notice can be served by registered or certified mail to the borrower and interested parties.

North Dakota Deficiency and Anti-Deficiency Laws

No deficiency judgment is allowed for residential property 4 units or less or fewer units up to 40 contiguous acres for homestead property. Commercial property or agricultural property 40 or more acres is subject to deficiency judgment. The deficiency judgment for agricultural property is based upon the difference between fair market value and the debt owed. Deficiency judgments on all other commercial property is based upon the appraised value less debt owed.  

North Dakota Redemption Rights

North Dakota has a statutory right of redemption allowing the borrower to redeem the property within 60 days after the sale, except for agricultural property, which redemption period is one year.

North Dakota Assistance, Special Programs, Government Help, and Law Updates

 Foreclosure Programs:

• North Dakota Foreclosure Avoidance Counseling -HUD
• The Home Affordable Mortgage Modification Program
• The Home Affordable Refinance Program
• The Home Affordable Foreclosure Alternatives Program
• FHA Secure
• Hope for Homeowners

Foreclosure Lawyer

It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.