- Who sends it
- The buyer at the sheriff's sale or its attorney, served like a summons or posted by a sheriff or process server
- What it starts
- 3 days before the new owner can file an eviction case in district court
- Do this first
- Check that your redemption period is over, then call Legal Services of North Dakota
What this document is in North Dakota
N.D.C.C. § 47-32-01(5) allows an eviction case against a person who stays in possession after a sale under a mortgage or judicial process and after the redemption period ends, or after a deed is delivered. In those cases, § 47-32-02 requires 3 days' written notice of intention to evict before the case can be started.
The notice can be served the way a summons is served. If you cannot be found, a sheriff or process server can post it in a conspicuous place on the home (N.D.C.C. § 47-32-02).
What it does and does not mean
- It is not an eviction order. The North Dakota courts' Eviction for Tenants page says a person cannot be evicted without a court order from a state district court.
- It should come only after the redemption period. If you are still within 60 days of the sheriff's sale (or a longer agricultural period), you have the right to possession (N.D.C.C. § 28-24-11).
- The foreclosure judgment itself may already order the home turned over to the buyer after the redemption period (N.D.C.C. § 32-19-06). Read your judgment to see if it does.
- If you leave belongings, the new owner may dispose of them 30 days after the sheriff's deed is issued. If they are worth $500 or more, the owner must try to notify you by certified mail at least 15 days first (N.D.C.C. § 32-19-41).
The deadlines and how to count them
- Notice period: 3 days of written notice before the eviction case can start (N.D.C.C. § 47-32-02).
- Court date: the eviction summons must set your appearance at least 3 and no more than 15 days from the date it is issued (N.D.C.C. § 47-32-02).
- Service of the summons: in person in your county at least 3 days before the court date; any other way, at least 7 days before (N.D.C.C. § 47-32-02).
- After a judgment for the owner, the court orders immediate restitution of the home. If moving right away would be a substantial hardship for you or your family, you can ask the judge for a stay of up to 5 days (N.D.C.C. § 47-32-04).
What to do this week
- Find the sale date on your certificate of sale and confirm the redemption period has ended.
- Call Legal Services of North Dakota at 1-800-634-5263 (1-866-621-9886 if 60 or older).
- If you get an eviction summons, go to the hearing. The courts say it is your chance to tell your side and ask for more time to move.
- In this kind of case, you generally cannot bring counterclaims except as a setoff against money the owner claims (N.D.C.C. § 47-32-04). Talk to a lawyer about other claims.
- If the buyer offers money for you to leave by a set date, get the offer in writing. The national cash for keys page explains these deals.
- Read after a foreclosure sale in North Dakota and the national notice to vacate page.
North Dakota help and scam warnings
- The North Dakota Legal Self Help Center has an Eviction for Tenants page and guide. It says its forms are not official court forms.
- Do not pay anyone who promises to stop an eviction or win the home back after the redemption period. Report them to the Attorney General's Consumer Protection Division at 701-328-3404.
- More contacts are on the North Dakota foreclosure help page.
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
Can the new owner change the locks after the 3 day notice?
The notice only lets the owner start an eviction case. The North Dakota courts say a person cannot be evicted without a court order from a state district court, unless the foreclosure judgment already ordered possession turned over. Call a lawyer if you are locked out.
How soon is the eviction hearing in North Dakota?
The summons must set a date 3 to 15 days after it is issued (N.D.C.C. § 47-32-02). Eviction cases move fast, so get help as soon as you receive the notice.
Can a North Dakota judge give me more time to move after an eviction judgment?
Only a little. If moving right away would be a substantial hardship, the court may stay the order for a reasonable time of no more than 5 days (N.D.C.C. § 47-32-04).
Other North Dakota letters
- Notice Before ForeclosureIn North Dakota, the lender must serve this written notice on the record owner 30 to 90 days before it can sue to foreclose. It lists what you need to pay to bring the loan current. If you pay that within 30 days, the law says the mortgage is reinstated as if you never fell behind.
- 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.