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North Dakota Foreclosure Laws: Process, Timeline and Your Rights

North Dakota foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.

Quick answers for North Dakota

Judicial or non-judicial
Judicial. Under North Dakota's mortgage foreclosure chapter, the lender must bring an action in district court to foreclose a mortgage on real property. N.D.C.C. §§ 32-19-01, 32-19-06, 32-19-08
Time frames set by law
The statute requires the notice before foreclosure to be served at least 30 days (and no more than 90 days) before the foreclosure action is started, and gives the owner 30 days from service of that notice to cure. N.D.C.C. §§ 32-19-20, 32-19-28, 32-19-18
Redemption after the sale
Yes. A party to the foreclosure action (or a successor) may redeem within 60 days after the sheriff's sale, except for abandoned property and agricultural land. N.D.C.C. §§ 32-19-18, 32-19-06
Deficiency judgments
Not for most owner-occupied homes. A lender may not obtain a deficiency judgment in a foreclosure of residential property with four or fewer units, on up to 40 contiguous acres, containing a residence the owner occupies as a homestead. N.D.C.C. § 32-19-03

Last verified: 2026-10-27

How foreclosure works

Judicial or non-judicialJudicial. Under North Dakota's mortgage foreclosure chapter, the lender must bring an action in district court to foreclose a mortgage on real property. The court enters judgment for the amount due and orders a sheriff's sale of the property.
Source: N.D.C.C. §§ 32-19-01, 32-19-06, 32-19-08
Required noticesAt least 30 days and not more than 90 days before starting a foreclosure action, the lender must serve a written "notice before foreclosure" on the title owner of record (it may be served by mail). The notice must describe the property, give the date and amount of the mortgage, state the amount needed to bring principal and interest current as of a specified date plus itemized amounts the lender advanced for taxes, insurance and maintenance, and state that foreclosure proceedings will begin if that amount is not paid within 30 days. The summons in the foreclosure action is then served like any civil case, and the sheriff's sale is held on the notice required for execution sales.
Source: N.D.C.C. §§ 32-19-20, 32-19-21, 32-19-22, 32-19-29, 32-19-08
Time frames set by lawThe statute requires the notice before foreclosure to be served at least 30 days (and no more than 90 days) before the foreclosure action is started, and gives the owner 30 days from service of that notice to cure. After the court judgment and sheriff's sale, the owner generally has 60 days to redeem.
Source: N.D.C.C. §§ 32-19-20, 32-19-28, 32-19-18
Right to catch up (reinstate)Yes. If the record title owner (or the owner's personal representative) cures the default within 30 days after service of the notice before foreclosure, the mortgage must be reinstated as though no default had occurred.
Source: N.D.C.C. § 32-19-28

After the sale

Redemption after the saleYes. A party to the foreclosure action (or a successor) may redeem within 60 days after the sheriff's sale, except for abandoned property and agricultural land. Agricultural land may be redeemed within 365 days after the summons and complaint are filed (or the first publication of notice by advertisement), but not earlier than 60 days after the sale. The owner has the first right to redeem by paying the sale bid plus interest at the mortgage rate. During the redemption period the owner is generally entitled to possession of the property.
Source: N.D.C.C. §§ 32-19-18, 32-19-06
Deficiency judgmentsNot for most owner-occupied homes. A lender may not obtain a deficiency judgment in a foreclosure of residential property with four or fewer units, on up to 40 contiguous acres, containing a residence the owner occupies as a homestead. For agricultural land over 40 acres, a deficiency is limited to the difference between the debt and the land's fair market value when the action began; in other cases it is limited to the difference between a court-appointed appraiser's value and the amount due.
Source: N.D.C.C. § 32-19-03

HOAs, taxes and selling

Property tax salesNorth Dakota uses a tax lien foreclosure process run by the county. By June 1 each year, the county auditor gives notice of foreclosure of the tax lien on property for which two or more years have passed since the tax became due; for property with a residential building, the sheriff personally serves the owner (or the notice is mailed by certified mail to a nonresident owner). The notice states the total amount required to satisfy the tax lien and the foreclosure date, which is October 1 after the notice is served. If the lien is still unsatisfied after that date, the county auditor issues a tax deed, generally to the county.
Source: N.D.C.C. §§ 57-28-01, 57-28-02, 57-28-03, 57-28-04, 57-28-09

Getting help

Free help for homeownersThe North Dakota Housing Finance Agency (NDHFA) asks its own mortgage customers who cannot make a payment to contact its loan servicing department at (800) 292-8621 to discuss their situation. Its homeowner assistance page also describes ND Help for Homeowners, the federal Homeowner Assistance Fund program administered by the North Dakota Department of Health and Human Services (701-328-1907), which encouraged at-risk homeowners to apply by August 15, 2026.
Source: North Dakota Housing Finance Agency, Homeowner Assistance

Foreclosure & Homeowner Law FAQ

Is North Dakota a judicial or non-judicial foreclosure state?
Judicial. Under North Dakota's mortgage foreclosure chapter, the lender must bring an action in district court to foreclose a mortgage on real property. The court enters judgment for the amount due and orders a sheriff's sale of the property.
What notice is required before a foreclosure sale in North Dakota?
At least 30 days and not more than 90 days before starting a foreclosure action, the lender must serve a written "notice before foreclosure" on the title owner of record (it may be served by mail). The notice must describe the property, give the date and amount of the mortgage, state the amount needed to bring principal and interest current as of a specified date plus itemized amounts the lender advanced for taxes, insurance and maintenance, and state that foreclosure proceedings will begin if that amount is not paid within 30 days. The summons in the foreclosure action is then served like any civil case, and the sheriff's sale is held on the notice required for execution sales.
How long does foreclosure take in North Dakota?
The statute requires the notice before foreclosure to be served at least 30 days (and no more than 90 days) before the foreclosure action is started, and gives the owner 30 days from service of that notice to cure. After the court judgment and sheriff's sale, the owner generally has 60 days to redeem.
Can you stop a foreclosure by catching up on payments in North Dakota?
Yes. If the record title owner (or the owner's personal representative) cures the default within 30 days after service of the notice before foreclosure, the mortgage must be reinstated as though no default had occurred.
Is there a right of redemption after foreclosure in North Dakota?
Yes. A party to the foreclosure action (or a successor) may redeem within 60 days after the sheriff's sale, except for abandoned property and agricultural land. Agricultural land may be redeemed within 365 days after the summons and complaint are filed (or the first publication of notice by advertisement), but not earlier than 60 days after the sale. The owner has the first right to redeem by paying the sale bid plus interest at the mortgage rate. During the redemption period the owner is generally entitled to possession of the property.
Can the lender come after you for the rest of the loan after foreclosure in North Dakota?
Not for most owner-occupied homes. A lender may not obtain a deficiency judgment in a foreclosure of residential property with four or fewer units, on up to 40 contiguous acres, containing a residence the owner occupies as a homestead. For agricultural land over 40 acres, a deficiency is limited to the difference between the debt and the land's fair market value when the action began; in other cases it is limited to the difference between a court-appointed appraiser's value and the amount due.
How do you get your home back after a tax sale in North Dakota?
North Dakota uses a tax lien foreclosure process run by the county. By June 1 each year, the county auditor gives notice of foreclosure of the tax lien on property for which two or more years have passed since the tax became due; for property with a residential building, the sheriff personally serves the owner (or the notice is mailed by certified mail to a nonresident owner). The notice states the total amount required to satisfy the tax lien and the foreclosure date, which is October 1 after the notice is served. If the lien is still unsatisfied after that date, the county auditor issues a tax deed, generally to the county.
Where can homeowners get free foreclosure help in North Dakota?
The North Dakota Housing Finance Agency (NDHFA) asks its own mortgage customers who cannot make a payment to contact its loan servicing department at (800) 292-8621 to discuss their situation. Its homeowner assistance page also describes ND Help for Homeowners, the federal Homeowner Assistance Fund program administered by the North Dakota Department of Health and Human Services (701-328-1907), which encouraged at-risk homeowners to apply by August 15, 2026.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.