- Who sends it
- The county sheriff publishes it; nonowner defendants left out of the notice get a mailed copy
- What it starts
- At least 3 weeks of notice before a public auction between 9 a.m. and 4 p.m.
- Do this first
- Call the sheriff's office to confirm the date, then call your servicer and a lawyer
What this document is in North Dakota
A North Dakota foreclosure sale is run by the sheriff of the county where the home is, under the rules for selling real property on execution (N.D.C.C. § 32-19-08). Before the sale, the sheriff must give public notice of its time and place in the county's official newspaper once a week for 3 weeks in a row, with the last notice at least 10 days before the sale (N.D.C.C. § 28-23-04).
Owners must be named in the published notice. Other defendants may be left out, but then they must get a mailed copy at least 10 days before the sale (N.D.C.C. § 28-23-04(2)).
What it does and does not mean
- It means the court has already entered a judgment and ordered the home sold.
- It is not an eviction. You keep the right to live in the home through the sale and the redemption period that follows (N.D.C.C. § 28-24-11).
- The sale is a public auction to the highest bidder, held between 9 a.m. and 4 p.m. in your county. The sheriff may not bid (N.D.C.C. §§ 28-23-05, 28-23-07).
- If the home is several known lots or parcels, they are usually sold separately, and you can tell the sheriff the order to sell them in if you attend (N.D.C.C. § 28-23-07).
- A sale held without the required notice must be set aside by the court when the lender asks it to confirm the sale (N.D.C.C. § 28-23-04).
Dates and how to count them
- Count the publications: three, one each week, in a row. Then check that the last one ran at least 10 days before the sale date.
- The sheriff may postpone the sale up to 3 days without new notice if there are no bidders, the bid is grossly inadequate, or the sale is prevented, but only twice. Each postponement must be announced at the time and place set for the sale. A longer delay requires continuing the published notice with the new date (N.D.C.C. § 28-23-08).
- After the sale, you have 60 days to redeem for most homes that are not farmland (N.D.C.C. § 32-19-18). The clock starts on the sale date.
- If you send your servicer a complete loss mitigation application more than 37 days before the sale, federal rules generally bar it from holding the sale while it reviews the application (12 C.F.R. § 1024.41(g)).
What to do this week
- Call the sheriff's office in your county and confirm the date, time and place.
- Call your servicer and the lender's attorney. Ask in writing for a postponement while any workout is reviewed, or for a written payoff or reinstatement figure.
- After the 30 day cure period in the notice before foreclosure, North Dakota statutes give no general right to reinstate, so any deal to stop the sale must come from the lender. Get it in writing.
- Talk to Legal Services of North Dakota or a bankruptcy attorney before the sale if bankruptcy may fit your situation.
- Start planning to redeem: line up a refinance, family help or a sale of the home within the 60 days after the auction.
- See what to do when a North Dakota sale date is set.
North Dakota help and scam warnings
- Free help: Legal Services of North Dakota at 1-800-634-5263, and HUD-approved counselors on the NDHFA list. More contacts are on the North Dakota foreclosure help page.
- Published sale notices draw buyers who offer quick cash for your deed. Do not sign anything until a lawyer reads it. You may have equity, and on many homes any surplus from the sale goes into court for you to claim.
- Report anyone who demands an upfront fee to stop the sale to the Attorney General's Consumer Protection Division at 701-328-3404 or 1-800-472-2600.
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
Will I get a North Dakota sheriff's sale notice in the mail?
The law requires publication in the county's official newspaper (N.D.C.C. § 28-23-04). It requires mailing only to nonowner defendants whose names are left out of the published notice. Do not count on a letter. Call the sheriff's office and ask.
Can a North Dakota sheriff's sale be moved to another day?
Yes. The sheriff may postpone up to 3 days, no more than twice, without new notice, announcing it at the time and place set for the sale. Longer delays need continued publication of the notice (N.D.C.C. § 28-23-08). Only the lender can agree to call the sale off.
If my home is sold at the sheriff's sale, can I still get it back?
Usually, for 60 days. N.D.C.C. § 32-19-18 lets you redeem within 60 days after the sale by paying the winning bid plus interest at your mortgage rate. See the Sheriff's Certificate of Sale page.
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.
- 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.