State Foreclosure Law

North Dakota Foreclosure Laws

North Dakota forecloses ordinary home loans in court under N.D.C.C. § 32-19-01 et seq. Foreclosure by advertisement (without a court case) under N.D.C.C. § 35-22-01 et seq. is allowed only for mortgages held by the state or its agencies.

Process

Judicial

Through the court system §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

$150,000

Automatic · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

28 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about North Dakota foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a North Dakota-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the North Dakota foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in North Dakota
10 National foreclosure guides
11 North Dakota distress data

Governing Statutes

Citation	Title	Covers
N.D.C.C. § 35-22-01 et seq.	Foreclosure by Advertisement — State-Held Mortgages Only	Allows foreclosure by advertisement, without a court case, only for mortgages with a power of sale held by the state or its agencies; every other mortgage must be foreclosed by court action. Sets the notice of intention to foreclose with a 30-day cure period, six weeks of published notice of sale, the sheriff's sale, and redemption.
N.D.C.C. § 32-19-20 to § 32-19-28	Notice Before Foreclosure	Requires a written notice to the owner of record at least 30 and not more than 90 days before a foreclosure begins. The notice must state the amount needed to bring the loan current and warn that foreclosure will begin if it is not paid within 30 days. If the owner cures the default within 30 days after the notice is served, the mortgage is reinstated.
N.D.C.C. § 32-19-18	Redemption After a Foreclosure Sale	The owner may redeem within 60 days after a foreclosure sale by paying the amount bid plus interest at the mortgage rate. Agricultural land may be redeemed within 365 days after the case is filed or the notice of sale is first published, but no earlier than 60 days after the sale. Abandoned property is an exception.
N.D.C.C. § 32-19-01 et seq.	Judicial Foreclosure of Mortgages	Framework for judicial foreclosure of mortgages through district court. Standard civil action: complaint, service, answer, judgment, court-ordered sale, and a redemption period that is usually 60 days.
N.D.C.C. § 28-24-02	Redemption Period After Execution Sales	Sets a one-year redemption period after execution sales, but redemption from a foreclosure sale follows the 60-day rule in N.D.C.C. § 32-19-18.
N.D.C.C. §§ 32-19-03, 32-19-06.1, 32-19-06.2	Deficiency Judgment After Foreclosure	Bars a deficiency judgment in a foreclosure of residential property with four or fewer units on up to 40 contiguous acres occupied by the owner as a homestead. Other deficiencies are limited by value: fair market value for agricultural land over 40 acres (with a separate action due within 90 days after the sheriff's sale) and for commercial property, and a court-appointed appraiser's value in other cases.
N.D.C.C. § 47-18-01 et seq.	Homestead Exemption	Establishes a $150,000 homestead exemption for North Dakota residents. Protects equity in the homeowner's primary residence from judgment creditors. Does NOT protect against mortgage foreclosure.

North Dakota Foreclosure Process and Your Rights

North Dakota uses judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: Within 30 days after the notice before foreclosure is served (N.D.C.C. § 32-19-28). If you perform the mortgage conditions the default was based on within those 30 days, for example by paying the amount due stated in the notice, the mortgage is reinstated as though no default had occurred. §
After the sale: 60 days after the sheriff's sale in a mortgage foreclosure (N.D.C.C. § 32-19-18). Agricultural land can be redeemed within 365 days after the summons and complaint are filed, but not earlier than 60 days after the sale. If the court finds the property abandoned, it can eliminate the redemption period (N.D.C.C. § 32-19-19). §
Homestead exemption: $150,000. Protects up to $150,000 of equity in your primary residence from judgment creditors. Does NOT stop mortgage foreclosure. §
Mediation: North Dakota does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full North Dakota foreclosure guide →

Special Foreclosure Types in North Dakota

Beyond the standard judicial foreclosure process, North Dakota law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

A reasonable condominium assessment for common expenses, with the interest, costs and penalties the declaration and bylaws provide for, becomes a lien on the unit when the association records it with the county recorder (N.D.C.C. § 47-04.1-11). §

State law provides for court actions to foreclose a mortgage or other lien on real property (N.D.C.C. § 32-19-40).

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in North Dakota. §

If taxes stay unpaid for two or more years, the county auditor gives notice of foreclosure of the tax lien by June 1, and the lien is foreclosed on October 1 after the notice unless the taxes, special assessments, interest, penalties and costs are paid by then (N.D.C.C. §§ 57-28-01, 57-28-02, 57-28-05).

Lien Priority in North Dakota

Generally first in time, first in right under North Dakota recording statutes.

HOA/COA liens generally do not have super-lien priority over first mortgages in North Dakota. Consult a local attorney for specific lien priority questions.

Statute of Limitations in North Dakota

Mortgage Foreclosure

10 years §

An action or proceeding to foreclose a mortgage on real estate must be started within 10 years after the claim for relief has accrued (N.D.C.C. § 28-01-15(3)). Actions on other contracts generally have a six-year limit (N.D.C.C. § 28-01-16). Consult a local attorney.

Written Contracts

6 years §

Promissory Note

6 years §

Deficiency Judgment

Varies §

No deficiency judgment is allowed after foreclosure of an owner-occupied homestead of four or fewer units on up to 40 contiguous acres (N.D.C.C. § 32-19-03). For agricultural land of more than 40 acres, a separate deficiency action must be brought within 90 days after the sheriff's sale, and the judgment can be enforced by execution only within three years after it is entered (N.D.C.C. § 32-19-06.2). For commercial property, the lender must ask for a deficiency in the foreclosure case itself (N.D.C.C. § 32-19-06.1). Consult a local attorney for specific deadlines.

Probate & Inheritance in North Dakota

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. North Dakota law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the personal representative or estate of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in North Dakota

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in North Dakota.

UDAP Statute

North Dakota Consumer Fraud Practices Act §

Prohibits deceptive and fraudulent business practices.

Foreclosure Rescue Fraud Laws

No specific foreclosure rescue fraud statute.

General consumer protection under N.D.C.C. § 51-15-01 et seq. covers deceptive foreclosure rescue practices. Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

North Dakota Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No North Dakota-specific lead generation statute for foreclosure defense identified beyond professional conduct rules and general consumer protection.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

North Dakota professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in North Dakota

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Legal Services of North Dakota

Free civil legal services for low-income North Dakota residents, including housing and foreclosure defense. Income and asset eligibility requirements apply.
lsnd.org →
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HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in North Dakota. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in North Dakota →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
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Legal Services of North Dakota

Free legal assistance for low-income North Dakota residents statewide.
1-800-634-5263 →
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North Dakota Housing Finance Agency (NDHFA)

State housing programs and homeownership preservation referrals. The Homeowner Assistance Fund (HAF) is closed to new applications.
701-328-8080 →
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North Dakota Attorney General Consumer Protection

Report mortgage fraud and consumer protection violations.
701-328-3404 →
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North Dakota 2-1-1

Statewide referral service for housing, utility, and social service assistance.
2-1-1 →
📋

State Bar Association of North Dakota Lawyer Referral Service

State bar lawyer referral service.
sband.org →
🎓

North Dakota Volunteer Lawyers Program

Coordinated through the State Bar Association of North Dakota; provides pro bono legal representation for qualifying low-income residents including housing matters.
sband.org →

Find Help in North Dakota

We maintain a verified directory of free and low-cost help providers in North Dakota. All are government-approved or federally funded.

3 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 42 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 49 Debtor education providers Required post-filing debtor education courses

Browse all 95 providers in North Dakota →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including North Dakota.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

North Dakota Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to North Dakota homeowners:

Foreclosure Filings

National trend

National foreclosure filings. North Dakota mainly uses judicial foreclosure (through the courts).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).