- Who sends it
- The county sheriff issues it to the buyer and records it with the county recorder within 10 days
- What it starts
- The 60 day redemption period for most homes, counted from the sale date
- Do this first
- Get a copy from the county recorder and mark the redemption deadline it states
What this document is in North Dakota
Under N.D.C.C. §§ 32-19-09 and 28-23-11, the person making the sale gives the buyer a certificate of sale. It must describe the property, state the price bid for each parcel and the total price, say whether the property is subject to redemption and give the redemption period, and name each plaintiff and defendant.
It must be recorded with the recorder of your county within 10 days of the sale (N.D.C.C. § 28-23-12). The court then reviews the sheriff's work. If the sale followed the law, it enters an order confirming the sale and directing the sheriff to give the buyer a deed when the redemption period ends unless you redeem (N.D.C.C. § 28-23-13).
What it does and does not mean
- The buyer does not own the home outright yet. A certificate holder gets a deed only if no one redeems.
- You keep the right to possession, use and any rents of the home until the redemption period ends (N.D.C.C. § 28-24-11). Using the home as before and making needed repairs is not waste (N.D.C.C. § 28-24-12).
- If the buyer believes the home is abandoned, it can ask the court to end the redemption period. You must be mailed notice of that hearing at least 10 days ahead (N.D.C.C. § 32-19-19). Answer it if you still live there.
- On a protected owner-occupied home, there is no deficiency judgment (N.D.C.C. § 32-19-03).
Your redemption deadline and how to count it
- For property that is not agricultural land, redeem within 60 days after the sale (N.D.C.C. § 32-19-18). Count calendar days from the sale date shown on the certificate.
- Agricultural land has a longer period: up to 365 days after the summons and complaint were filed, but never less than 60 days after the sale (N.D.C.C. § 32-19-18).
- The amount: the winning bid plus interest from the sale date at your mortgage's rate (N.D.C.C. §§ 32-19-18, 28-24-06). Taxes, insurance or similar costs the buyer paid are added only if the buyer recorded a notice of additional lien and served it on the sheriff within 5 days after paying (N.D.C.C. § 28-24-07).
- Pay the certificate holder or the sheriff (N.D.C.C. § 32-19-18.1). If you dispute the amount, deposit your own figure with the sheriff with a written explanation. That counts as redemption on the deposit date, subject to paying any more the court finds due.
- If you object to an added insurance, tax or lien charge, you can file an indemnity bond approved by a judge with the sheriff and redeem without it (N.D.C.C. § 28-24-08).
What to do this week
- Get a copy of the certificate from the county recorder and check the sale date, price and redemption period.
- Ask the sheriff for a written redemption figure and how payment must be made.
- If you redeem, get a certificate of redemption and make sure it is recorded. Redemption by the owner ends the effect of the sale and restores the home to you (N.D.C.C. § 28-24-06).
- If you will not redeem, plan your move before the 60 days end. Right after that, the sheriff gives the buyer a sheriff's deed (N.D.C.C. § 28-24-13).
- Ask the clerk of district court whether the sale left a surplus. Under N.D.C.C. § 32-19-10, a surplus is paid into court, and if it is under $1,000 and no one applies within 60 days after it is deposited, it goes to the county. See North Dakota foreclosure surplus funds.
- Read what happens after a foreclosure sale in North Dakota.
North Dakota help and scam warnings
- Legal Services of North Dakota (1-800-634-5263) can review the redemption figure and any surplus claim.
- You do not need a company to claim surplus money. You apply to the court in your case. Be wary of anyone who wants a share of it.
- Some buyers offer to let you redeem with their money in exchange for your deed. Have a lawyer read any such deal first and report pressure tactics to the Attorney General's Consumer Protection Division at 701-328-3404.
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
How long do I have to redeem my North Dakota home after the sheriff's sale?
For most homes that are not farmland, 60 days after the sale under N.D.C.C. § 32-19-18. The certificate of sale must state the redemption period. A court can remove the period only if it finds the home abandoned after notice to you.
Can I stay in my North Dakota home after the certificate of sale is issued?
Yes, until the redemption period ends, unless a court finds the home abandoned. N.D.C.C. § 28-24-11 gives you possession, use and rents from the sale date until the period expires.
What if the buyer says I owe more to redeem than I think?
Under N.D.C.C. § 32-19-18.1, deposit with the sheriff the amount you calculate along with a written explanation of how you got it, before the 60 days end. It counts as redemption as of that date, subject to paying any more the court later finds due.
What is the difference between the certificate of sale and the sheriff's deed?
The certificate is issued at the sale and leaves your right to redeem in place. The sheriff's deed is issued right after the redemption period ends if no one redeemed, and it ends your right to redeem (N.D.C.C. §§ 32-19-09, 28-24-13).
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.
- 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.