- Who sends it
- Your lender or servicer, usually through its attorney, by mail or by personal service on the record owner
- What it starts
- A 30 day window to cure the default and reinstate the loan, and a 30 to 90 day wait before the lender can sue
- Do this first
- Write down the mailing or service date, then call your servicer to confirm the exact amount to cure
What this document is in North Dakota
North Dakota requires a written notice before foreclosure. Under N.D.C.C. § 32-19-20, it must be served on the title owner of record at least 30 days and not more than 90 days before the lender starts a foreclosure lawsuit. The same notice and 30 day cure apply if a state agency forecloses by advertisement instead of a lawsuit (N.D.C.C. § 35-22-03).
Under N.D.C.C. § 32-19-21, the notice must contain four things: a description of the property; the date and amount of the mortgage; the amount needed to bring principal and interest current as of a set date, with any taxes, insurance and upkeep the lender paid itemized separately; and a statement that if that amount is not paid within 30 days from the date of mailing or service, foreclosure proceedings will start.
It can be mailed to the owner's address in the mortgage or in the county recorder's records, served in person like a court summons, or sent to the personal representative of an owner who has died (N.D.C.C. §§ 32-19-22, 32-19-24, 32-19-25). If you actually received it, service counts (N.D.C.C. § 32-19-26).
What it does and does not mean
- It is not a lawsuit. No case has started yet, and no sale date is set.
- It is your strongest chance to keep the home on your own terms. N.D.C.C. § 32-19-28 says that if the record owner fixes the default within 30 days of service, the mortgage must be reinstated and stays in force as though no default had happened.
- It is required. Proof that the notice was served must be filed with the complaint when the lender sues (N.D.C.C. § 32-19-27).
- Ignoring it does not stop it. If mail is refused or unclaimed after three tries, the law says actual service is not needed (N.D.C.C. § 32-19-23).
- It is not the same as the federal early warning letters your servicer must send. Those are explained on the national notice of intent to foreclose page.
The deadlines it starts and how to count them
- Your 30 days to cure: § 32-19-28 counts from service of the notice, and the notice itself must say 30 days from the date of mailing or service (§ 32-19-21). To be safe, count 30 calendar days from the earliest date shown, usually the mailing date.
- The lender's wait: it cannot start the lawsuit until at least 30 days after the notice is served, and it cannot rely on a notice served more than 90 days before the suit starts (§ 32-19-20).
- The amount: it is the past-due principal and interest as of the date in the notice, plus any taxes, insurance and upkeep the lender paid. Ask for an updated figure if a payment comes due during the 30 days.
- Federal rules generally keep a servicer from starting foreclosure until you are more than 120 days behind (12 C.F.R. § 1024.41(f)). A complete loss mitigation application sent before the lender starts may also delay it.
See how long foreclosure takes in North Dakota for the whole timeline.
What to do this week
- Keep the notice and envelope. Write the mailing or service date and the date 30 days later on your calendar.
- Call your servicer. Ask for the exact amount to cure in writing, where to send it, and what form of payment it accepts.
- If you can pay, pay before day 30 by a method that leaves proof, and keep the receipt.
- If you cannot pay it all, apply for a repayment plan, forbearance or loan modification right away, and get help from a free HUD-approved counselor on the NDHFA list of housing counseling agencies.
- Check the notice against § 32-19-21. If the amount looks wrong or the notice is missing required parts, show it to Legal Services of North Dakota or a lawyer.
- Read how to stop foreclosure in North Dakota for every option.
North Dakota help and scam warnings
Legal Services of North Dakota gives free civil legal help to eligible people: 1-800-634-5263, or 1-866-621-9886 if you are 60 or older. If your loan is with the North Dakota Housing Finance Agency, call its servicing team at 701-328-8080. More contacts are on the North Dakota foreclosure help page.
- North Dakota has no law aimed only at foreclosure rescue companies, but its consumer fraud law bans deceptive acts and false promises (N.D.C.C. § 51-15-02). Report offers to the Attorney General's Consumer Protection Division at 701-328-3404 or 1-800-472-2600.
- Never pay a stranger to deliver your cure payment. Pay your servicer directly.
- Do not sign a deed or lease-back deal before a lawyer or Legal Services of North Dakota reads it.
The rest of the North Dakota process
See how foreclosure works in North Dakota, the timeline, ways to stop it and free help in North Dakota, or read the national guide to this letter.
Common questions
Does paying within 30 days really stop a North Dakota foreclosure?
For that default, yes. N.D.C.C. § 32-19-28 says that if the record owner fixes the default within 30 days from service of the notice before foreclosure, the mortgage must be reinstated as though no default had happened. Keep proof of what you paid and when.
Can the lender sue me before the 30 days are up?
No. N.D.C.C. § 32-19-20 requires the notice to be served at least 30 days before the foreclosure action starts. If you were served with a summons sooner, show both papers to a lawyer.
I got this notice months ago and nothing happened. Is it still good?
A notice served more than 90 days before the lawsuit starts does not meet N.D.C.C. § 32-19-20. If the lender later sues, it would need a notice served within that window. Ask a lawyer to compare the dates.
The owner on record has died. Does the lender still have to send this notice?
Only if a personal representative of the estate has been appointed in the county where the home is. Then the notice goes to that person (N.D.C.C. §§ 32-19-23, 32-19-24). The personal representative also has the 30 day right to cure under § 32-19-28.
Other North Dakota letters
- Summons and Complaint (foreclosure)In North Dakota, a foreclosure lawsuit starts the moment you are served with the summons and complaint, even if nothing has been filed in court yet. You have 21 calendar days after service to serve a written answer on the lender's lawyer. If you do nothing, the court can enter a default judgment and order the home sold.
- Notice of Sheriff's SaleAfter a foreclosure judgment, the county sheriff must publish the time and place of the sale in the county's official newspaper once a week for 3 weeks in a row. The last notice must run at least 10 days before the sale. Even if the sale happens, you have 60 days afterward to buy the home back for most homes.
- Sheriff's Certificate of SaleAt a North Dakota foreclosure sale, the sheriff gives the winning bidder a certificate of sale, not a deed. For most homes, you then have 60 days from the sale to redeem by paying the bid plus interest, and you can keep living in the home until then. If you do not redeem, the sheriff gives the buyer a sheriff's deed right after the 60 days end.
- Notice of Intention to EvictIf you are still in the home after the redemption period ends, the buyer must give you 3 days' written notice of intention to evict before it can start an eviction case. The notice is not a court order. Only a district court judge can order you out, and the eviction summons sets a court date 3 to 15 days after it is issued.