North Dakota · Judicial state · N.D.C.C. chs. 32-19, 28-23, 28-24

In North Dakota the sale is not the end: 60 days to buy it back.

A lender must sue in district court, and before it can it must serve a notice giving you 30 days to catch up. After judgment the sheriff sells, and then you keep the home for a 60-day redemption period during which you can buy it back for the amount bid plus interest. On a home you occupy as a homestead the lender cannot get a deficiency judgment.

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Five dates decide a North Dakota case. Thirty days from the notice before foreclosure, the chance to reinstate. Twenty-one days after you are served, the deadline to answer. The sheriff’s sale, advertised three weeks. Sixty days after the sale, the last day to redeem. And the sheriff’s deed, which cannot come until those 60 days run out.

What North Dakota gives you

Rights that exist because the property is in North Dakota, whatever a servicer tells you on the phone.

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Your rights depend on your state, your loan, and how far the case has gone.
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Where to get real help, free

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A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a North Dakota foreclosure attorney confirm anything that matters before you act.

Questions people ask about North Dakota foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in North Dakota?

A typical North Dakota foreclosure runs roughly 243 days from the first missed payment to the sheriff sale. The lender must serve a notice before foreclosure at least 30 days before the case starts, and the sale is advertised for at least 30 days. N.D.C.C. 32-19-20 and 32-19-06.

Can I catch up on my mortgage in North Dakota?

Yes. If you perform the conditions on which the default occurred within 30 days from service of the notice before foreclosure, the mortgage is reinstated as though no default had occurred. N.D.C.C. 32-19-28.

How long is the North Dakota redemption period?

60 days after the sheriff sale for a home, by paying the amount bid plus interest at the mortgage rate. Agricultural land gets 365 days after the summons and complaint are filed with the clerk. N.D.C.C. 32-19-18.

Can a North Dakota lender come after me for the shortfall?

Not on your home. A deficiency judgment is barred on a residential property of four units or fewer that you occupy. N.D.C.C. 32-19-03 and 32-19-06.

How long before North Dakota can take my home for unpaid property taxes?

Once two or more years have passed since a tax came due, the county auditor serves a notice of foreclosure of tax lien by June 1, and you can redeem by paying the taxes, penalties, interest and costs before October 1. After that the auditor issues a tax deed to the county. N.D.C.C. 57-28-01 and 57-28-09.