North Dakota law requires that the lender give the borrower no less than 30 days notice of their intent to foreclose prior to beginning foreclosure proceedings. If the borrower cannot be located, the lender will need to publish a notice of their intent to foreclose.
After the pre-foreclosure notice is given, the lender can file the appropriate documents in court to begin the foreclosure. The court assesses the amount of the borrower’s debt and gives them a short time to pay. If the borrower fails to pay the debt within the specified timeframe, the property goes up for sale, as advertised by the court clerk.
The borrower can stop the process and reinstate the loan by paying the delinquent amount within the 30-day period prior to foreclosure.
Notice of Sale / Auction
It takes about two months to properly publish and advertise the foreclosure sale. Notice of sale is provided to the borrower and published in the county newspaper, with the last publication occurring at least 10 days before the date of the sale.
Foreclosure sales in North Dakota are made by public auction by the county sheriff or his deputy. The property is sold to the highest bidder, and the winning bidder must pay in cash at the auction. The winning bidder is awarded a certificate of sale until the borrower’s redemption period has ended. Following the redemption period, which is typically six months, the sheriff transfers ownership to the winning bidder.