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Foreclosure and tax sales in North Dakota

What our research shows about North Dakota's rules. General information with sources — not legal advice, and not a reading of your papers.

BasicThe essentials, each with its source. General deadlines only.Research last reviewed 2026-09-22

Your state

How foreclosure works

Usual process: Judicial (through court)
From a reputable summary[1]
Allowed processes: Judicial (through court)
From a reputable summary[1][2]
Main statutes: N.D. Cent. Code § 32-19-20; N.D. Cent. Code § 32-19-21; N.D. Cent. Code § 32-19-28; N.D. Cent. Code § 32-19-18; N.D. Cent. Code § 32-19-03; N.D. Cent. Code § 28-23-04
From a reputable summary[1]
Typical length (estimate): Not researched yet for this state.

+At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1)
+At least 30 days
Pre-suit notice — at least 30 days before the lawsuit can be filed
The lender serves a notice 30–90 days before suing, giving 30 days to pay the past-due amount.
From a reputable summary
Lawsuit filed and you are served with the summons and complaint
From a reputable summary
Answer the lawsuit by the deadline on your summons
Read the summons: it states the deadline. Missing it can mean a default judgment.
Not confirmed — check it
Court judgment of foreclosure (if the lender wins)
From a reputable summary
+At least 21 days
Sheriff’s / court sale
After judgment the sale is published once a week for three successive weeks.
From a reputable summary
+At least 60 days
Redemption window (at least 60 days in the shortest common case)
Generally 60 days after the sale (none if the court finds the home abandoned; longer for agricultural land).
From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notice before foreclosure: At least 30 daysThe lender serves a notice 30–90 days before suing, giving 30 days to pay the past-due amount.
N.D. Cent. Code §§ 32-19-20, 32-19-21
From a reputable summary[1]
Notice of sale: At least 21 daysAfter judgment the sale is published once a week for three successive weeks.
N.D. Cent. Code §§ 28-23-04, 32-19-08
From a reputable summary[1]
Publication: Newspaper once a week for three successive weeks.
From a reputable summary[1]
When sales happen: Not researched yet for this state.
Time to answer the lawsuit: Not researched yet for this state.
Court confirms the sale: Not researched yet for this state.

Catching up (reinstatement): Within 30 days after the pre-foreclosure notice is served.
N.D. Cent. Code § 32-19-28
From a reputable summary[1][2]
Buying the home back (redemption): YesGenerally 60 days after the sale (none if the court finds the home abandoned; longer for agricultural land).
N.D. Cent. Code §§ 32-19-18, 32-19-19
From a reputable summary[1][2]
Owing money after the sale (deficiency): LimitedBarred for owner-occupied homesteads of up to four units on up to 40 acres.
N.D. Cent. Code § 32-19-03
From a reputable summary[1][2]
Mediation: Not researched yet for this state.
Homestead note: A sale surplus under $1,000 is forfeited to the county if no application is filed within 60 days — claim it promptly.
From a reputable summary[1]

Tax sale system: Forfeiture to the government
After two or more years of delinquency the county forecloses the tax lien, takes a tax deed and later auctions the property.
From a reputable summary[3]
How it works: Notice of the tax lien foreclosure comes by June 1; unless paid by October 1, the county auditor issues a tax deed to the county.
From a reputable summary[3]
Redeeming after a tax sale: Until October 1 after the foreclosure notice. Afterward you may repurchase from the county (cash or 25% down with up to ten installments) until it sells the property.
N.D. Cent. Code §§ 57-28-05, 57-28-19
From a reputable summary[3]
Relief programs: Not researched yet for this state.
Payment plans: A repurchase contract after the tax deed: 25% down and up to ten equal installments.
From a reputable summary[3]
Surplus after a tax sale: Not researched yet for this state.

Federal exemption list: State list only (opted out)
This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.
From a reputable summary[4]
Homestead exemption: $150,000$150,000 in the primary residence.(N.D. Cent. Code § 47-18-01)
From a reputable summary[5]

Free legal aid (LSC-funded): Legal Services of North Dakota
Checked against the official text[7]
Legal help website: Legal Services of North Dakota
Checked against the official text[8]
State housing agency: North Dakota Housing Finance Agency
Checked against the official text[6]
Attorney general / consumer protection: North Dakota Attorney General — Consumer Protection
Checked against the official text[9]
Court self-help: North Dakota Courts — Legal Self Help Center
Checked against the official text[10]
HUD-approved housing counselors: HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.