North Dakota Foreclosure Help – Stop Foreclosure in North Dakota

 


Finding Foreclosure Help in North Dakota

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Fargo Field Office

Department of Housing and Urban Development
657 2nd Avenue North
Third Floor, Room 366
P.O. Box 2483
Fargo, North Dakota 58108-2483

Phone: (701) 239-5136

Fax: (701) 239-5249

TTY: (406) 239-5668

Jurisdiction: State of North Dakota

Joel Manske
Field Office Director
Office Hours: 8:00 a.m. to 4:30 p.m.

Monday through Friday

North Dakota Foreclosure Laws Summary

Quick Facts:

  • Judicial foreclosure process is available.
  • Non-judicial foreclosure process is not available.
  • The primary security instruments are only the mortgages.
  • The timeline can vary by process, which typically takes 90 days.
  • The borrowers are allowed for rights of redemption.
  • The lender is allowed to sue for deficiency judgements.

The judicial foreclosure process is the only way that lenders in North Dakota can foreclose their mortgage found in default.

Judicial Foreclosure
In a judicial foreclosure process, it by order of the court which dictates the specific time frame a borrower will pay his due debts to the lender. Should this time pass and he is still unable to pay his debts, the property will then be held for auctioning off.

It is the responsibility of the lender to notify the borrower of any intent of foreclosure at least 30 days before the date of the sale. If things are final for the sale, the notice of sale must be mailed to the borrower 90 days prior to the suit. The notice of sale should include the following information: date and time of sale, description of the property, amount of mortgage, additional expenses by the interest and taxes. Lastly, it must include the lawsuit filed if the debts are not paid after 30 days.

The person in charge of selling the property is actually the sheriff. He can give authorization to his deputy in the county in order to proceed with the sale. The highest bidder will get the property together with a certificate of the sale.

After the sale, the borrower is actually given at the most 1 year for his rights to redemption. He is given a chance to pay his debt to the lender. This all depends on the redemption rights included in the mortgage. The time frame may vary from a couple of months to a year.

In North Dakota, the lender is allowed to file for deficiency judgement.