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North Dakota · Understand the process

How long does foreclosure take in North Dakota?

By law, a North Dakota home foreclosure takes at least about 6 months from your first missed payment to the sheriff's sale. After the sale you have 60 more days to redeem while you live in the home, and the new owner must then give notice before an eviction. These are legal minimums; court schedules, a contested case, or a workout review often make it longer.

The short answer: At the very least about 6 months from your first missed payment to a sheriff's sale: 120 days before the lender can start, 21 days for you to answer after you are served, then a judgment and at least 3 weeks of published sale notice. After the sale you have 60 more days to redeem while you stay in the home. These are legal minimums, not a prediction.

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

The foreclosure timeline in North Dakota, phase by phase

  1. Missed payments

    Day 1 to 120

    Your servicer generally cannot start a foreclosure until you are more than 120 days behind. The North Dakota notice before foreclosure often arrives near the end of this period.

    12 C.F.R. § 1024.41(f)

  2. Notice before foreclosure and cure period

    30 to 90 days before the lawsuit; 30 days to cure

    The lender cannot sue until at least 30 days after serving the notice, and the notice must be served no more than 90 days before the suit starts. Paying what the notice asks for within 30 days reinstates the loan.

    N.D.C.C. §§ 32-19-20, 32-19-28

  3. Answer to the summons and complaint

    21 days after you are served

    If you answer, the lender has to prove its case by motion or trial, which takes longer than a default. If the lender has not filed the case yet, you can serve a demand for filing; if it does not file within 20 days, service of the summons is void unless the court later finds excusable neglect.

    N.D.R.Civ.P. 5(d), 12(a)

  4. Judgment

    Varies by court and by whether you contest the case

    A default judgment can come soon after your 21 days run out. A contested case takes longer. No statute read for this page sets a fixed time from judgment to sale.

    N.D.C.C. § 32-19-06

  5. Sale notice and sheriff's sale

    At least 3 weeks of published notice

    The sale notice runs once a week for 3 weeks in a row, the last at least 10 days before the sale. The sheriff can postpone the sale up to two times for no more than 3 days each without new notice, or longer by continuing the published notice.

    N.D.C.C. §§ 28-23-04, 28-23-08

  6. Redemption period

    60 days after the sale

    You keep possession and can buy the home back by paying the bid plus interest. The court can eliminate this period if it finds the home abandoned. Agricultural land has a longer period of up to 365 days from the filing of the case.

    N.D.C.C. §§ 32-19-18, 32-19-19, 28-24-11

  7. Sheriff's deed and eviction

    Right after the redemption period; 3 days' notice before an eviction case

    The sheriff delivers the deed once the redemption period ends. If you are still there, the owner gives 3 days' written notice, and the eviction summons sets a court date 3 to 15 days out.

    N.D.C.C. §§ 28-24-13, 47-32-02

North Dakota deadlines written into the law

Notice before foreclosureN.D.C.C. § 32-19-20At least 30 days and no more than 90 days before the lawsuit starts
Time to catch up and reinstate after the noticeN.D.C.C. § 32-19-2830 days from service of the notice
Time to answer the summons and complaintN.D.R.Civ.P. 12(a)21 days after you are served
Published notice of the sheriff's saleN.D.C.C. § 28-23-04Once a week for 3 weeks in a row, the last at least 10 days before the sale
Redemption after the sheriff's saleN.D.C.C. § 32-19-1860 days for most homes; agricultural land has a longer period
Claiming surplus under $1,000N.D.C.C. § 32-19-10Apply to the court within 60 days after the money is deposited, or it goes to the county

Your own dates are on the notices you received. If a notice and this page disagree, trust the notice and ask a counselor or lawyer.

Common questions in North Dakota

How long is the redemption period in North Dakota?

For a home that is not agricultural land, 60 days after the sheriff's sale under N.D.C.C. § 32-19-18. Agricultural land can be redeemed up to 365 days after the case was filed, but never less than 60 days after the sale. If the court finds the home abandoned, § 32-19-19 lets it remove the redemption period.

I read online that North Dakota gives a year to redeem. Is that still true?

Not for most homes. The current text of N.D.C.C. § 32-19-18 gives 60 days after a foreclosure sale, except for agricultural land and abandoned property. The one year period in § 28-24-02 applies to other execution sales, not to mortgage foreclosures. Older websites may show rules that have since changed.

Can a North Dakota lender wait months after the notice before foreclosure and then sue?

Not on the same notice past 90 days. N.D.C.C. § 32-19-20 requires the notice to be served at least 30 and no more than 90 days before the lawsuit starts. If you think the timing was off, show the notice and the summons to a lawyer.

Can a North Dakota sheriff's sale be postponed?

Yes. Under N.D.C.C. § 28-23-08 the sheriff may postpone for up to 3 days without new notice when there are no bidders, the bid is grossly inadequate, or the sale is prevented, but no more than twice. A longer delay requires continuing the published notice with the new time and place.

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