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State lawVerified Sep 23, 2026After a foreclosure saleHomestead protection

No deficiency on an owner-occupied homestead

N.D. Cent. Code § 32-19-03

In plain words

The lender cannot get a deficiency judgment when foreclosing residential property of four or fewer units, on up to 40 acres, that the owner lives in as a homestead.

Who is protected

North Dakota owners of owner-occupied homestead residences.

When it applies

  • Only in North Dakota.
  • Only after the foreclosure sale.
  • Only if the home is your primary residence.
Check whether it applies to you

What you can do

  • Answer any deficiency claim

    Reply in writing citing § 32-19-03.

    Open the tool
  • Read your state guide and find free help

    Open the state page for the process, deadlines and legal-aid contacts in your state.

    Open the tool

Honest limits

  • Other property (e.g., larger farms) can still face a limited deficiency.
  • This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.

The law

  1. State lawDeficiency barred for homesteads

    N.D. Cent. Code § 32-19-03

    What it says: No deficiency judgment on owner-occupied homestead residential property of four or fewer units.

    Read the official text

Court cases

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Homeowner lostSame topic
    Priester v. JP Morgan Chase Bank, N.A.

    Priester v. JP Morgan Chase Bank, N.A., 708 F.3d 667 (5th Cir. 2013)

    a home-equity borrower's constitutional challenge was subject to the four-year residual limitations period

  • Homeowner lostSame topic
    Milton v. U.S. Bank National Ass'n

    Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)

    an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced

  • Homeowner lostSame topic
    BFP v. Resolution Trust Corp.

    BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)

    the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code

Related rights

State lawVerified Sep 23, 2026

Right to redeem within 60 days after the sheriff’s sale

N.D. Cent. Code § 32-19-18

A party to the foreclosure can redeem the property within 60 days after the sheriff’s sale (longer for agricultural land, none if the court finds the home abandoned).

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The government cannot keep your home equity beyond the tax debt

U.S. Const. amend. VTakings Clause

If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.

Read this right
Federal lawVerified Sep 23, 2026

After a discharge, creditors cannot collect the wiped-out debt from you

11 U.S.C. § 524(a)(2)

A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.

Read this right
Federal lawVerified Sep 23, 2026

Protect equity in your home with a bankruptcy exemption

11 U.S.C. § 522(b)(1)–(3)

In bankruptcy, you can keep ("exempt") certain property from creditors. For your home, the federal exemption protects equity up to a set dollar amount, but many states make you use the state's own list instead. Some state homestead exemptions are much larger than the federal one; some are smaller.

Read this right
Federal lawVerified Sep 23, 2026

Renters get at least 90 days' notice after a foreclosure

12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))

If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.

Read this right
State lawVerified Sep 23, 2026

Homestead exemption up to $150,000

N.D. Cent. Code § 47-18-01

North Dakota protects the land and home you live in from judgment liens and forced sale, up to $150,000 in value above liens and mortgages.

Read this right