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How to Avoid
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Foreclosure sale date set in North Dakota: what you can still do

Once a North Dakota sheriff's sale is scheduled, your 30 day cure right and your time to answer are usually gone. What remains is getting the lender to postpone or call off the sale, bankruptcy, challenging a defective sale notice, and planning to redeem within 60 days after the sale. Start by confirming the date with the county sheriff's office.

Reviewed against North Dakota law and official sources on October 12, 2026. General information, not legal advice.

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Options still open before a sale in North Dakota

  • Confirm the sale is still on

    Today, and again the day before the sale

    The notice is published in the county's official newspaper. Call the sheriff's office in the county where the home is. A short postponement of up to 3 days needs no new notice and is announced at the time and place set for the sale, so check that day.

    N.D.C.C. §§ 28-23-04, 28-23-08

  • Ask the lender to postpone or call off the sale

    Before the sale; a complete application more than 37 days out has federal protection

    Call your servicer and the lender's attorney, and ask in writing for the sale to be held off while a workout is reviewed. Only the lender can agree to cancel; the sheriff's own postponements are short and limited.

    12 C.F.R. § 1024.41(g)

  • Pay off or reinstate by agreement

    Before the sale

    After the 30 day cure period, the statutes read here give no right to reinstate, but your servicer can still agree to accept a reinstatement or payoff. Get the figure in writing from the lender's attorney and confirm with the sheriff that the sale is canceled.

  • Talk to a bankruptcy attorney

    Before the sale, not at the last minute

    Filing bankruptcy pauses the sale through the automatic stay, and Chapter 13 can let you catch up over time if your income supports it. Get advice from a licensed bankruptcy attorney or Legal Services of North Dakota.

    11 U.S.C. § 362(a)

  • Check the sale notice

    Before the court confirms the sale

    The notice must run once a week for 3 weeks in a row with the last at least 10 days before the sale, and the sale must be at public auction between 9 a.m. and 4 p.m. in your county. If notice was not given as required, the court must set the sale aside, so have a lawyer look at it.

    N.D.C.C. §§ 28-23-04, 28-23-05, 28-23-07

  • Plan to redeem

    Within 60 days after the sale

    If the sale goes ahead, you can still buy the home back by paying the bid plus interest at your mortgage rate to the certificate holder or the sheriff. Use the time before the sale to line up a refinance, a sale, or family help.

    N.D.C.C. §§ 32-19-18, 32-19-18.1

Call today, not tomorrow

With a sale on the calendar, every option above has a cutoff. A free HUD-approved housing counselor can call your servicer with you today: (800) 569-4287. For legal aid and court help, see free foreclosure help in North Dakota.

Common questions in North Dakota

How do I find out when my North Dakota sheriff's sale is?

The sheriff must publish the time and place in the county's official newspaper once a week for 3 weeks in a row under N.D.C.C. § 28-23-04. Call the sheriff's office in your county with your name and address, and ask the lender's attorney. The North Dakota courts' Court Locations page lists each county's district court if you need the case file.

Can I still catch up on payments to stop a North Dakota sheriff's sale?

Only if your servicer agrees. The legal right to cure in N.D.C.C. § 32-19-28 lasts 30 days after the notice before foreclosure. After that, ask the lender in writing for a reinstatement figure, and get any agreement to cancel the sale in writing.

If my North Dakota home is sold, is it too late to keep it?

Not right away. N.D.C.C. § 32-19-18 gives you 60 days after the sale to redeem by paying the amount bid plus interest, and you keep living in the home during that time. Unless the court found the home abandoned, the deed does not go to the buyer until the 60 days pass.

Step by step

More on foreclosure in North Dakota

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. N.D. Rules of Civil Procedure, Rule 5 (demand for filing, 5(d)(2)(A)(iii))
  2. North Dakota Legal Self Help Center: Demand for Filing info guide (Rev Jul 2025)
  3. North Dakota Courts: Court Locations
  4. N.D. Century Code chapter 32-19: Foreclosure of real estate mortgages by action
  5. N.D. Century Code chapter 28-23: Sales under execution
  6. N.D. Century Code chapter 28-24: Redemption of real estate
  7. N.D. Century Code chapter 35-22: Foreclosure of mortgages of real property by advertisement
  8. N.D. Century Code chapter 47-32: Eviction
  9. N.D. Century Code chapter 51-15: Consumer fraud and unlawful credit practices
  10. N.D. Rules of Civil Procedure, Rule 12
  11. North Dakota Legal Self Help Center: Answering a Summons and Complaint
  12. North Dakota Legal Self Help Center: Finding a Lawyer
  13. North Dakota Legal Self Help Center home page
  14. NDHFA: What is the Homeowner Assistance Fund (HAF)?
  15. NDHFA: For Loan Customers
  16. NDHFA: HUD Approved Housing Counseling Agencies (Rev 5/25)
  17. ND Health and Human Services news release, May 8, 2026: Nearly $6M remains available in pandemic-era Homeowner Assistance Fund
  18. U.S. Treasury: Homeowner Assistance Fund
  19. North Dakota Attorney General: Consumer Resources
  20. North Dakota Attorney General: Consumer Complaints
  21. North Dakota Department of Financial Institutions: File a Complaint
  22. Legal Services of North Dakota
  23. Dakota Plains Legal Services
  24. ND Office of State Tax Commissioner: Primary Residence Credit
  25. ND Office of State Tax Commissioner: Homestead Property Tax Credit and Renters Refund