- Who sends it
- The lender's attorney, through a sheriff or process server who hands it to you
- What it starts
- 21 calendar days to serve a written answer, then a judgment and an order to sell the home
- Do this first
- Write down the date you were served and call Legal Services of North Dakota at 1-800-634-5263
What this document is in North Dakota
North Dakota home mortgages are foreclosed by a lawsuit in district court (N.D.C.C. § 32-19-01). Under N.D.R.Civ.P. 3, a civil action starts with service of the summons, not with filing. That is why the North Dakota Legal Self Help Center warns that your papers may have no case number.
The complaint must say enough to identify the mortgage, to show which redemption period applies, and to show whether the lender will ask for a deficiency judgment and against whom (N.D.C.C. § 32-19-04). Proof that the Notice Before Foreclosure was served must be filed with the complaint (N.D.C.C. § 32-19-27).
What it does and does not mean
- It does not mean you have lost the home or must move. You keep living there through the case, the sale and the redemption period that follows.
- It does not set a sale date. The sale comes only after a judgment and a published Notice of Sheriff's Sale.
- It does mean a deadline is running even without a case number. Waiting for a court date or a hearing notice is not the same as answering.
- If the lender wins, the judgment must say you keep possession during the redemption period (N.D.C.C. § 32-19-06).
- On an owner-occupied home of four or fewer units on up to 40 acres, the lender cannot get a deficiency judgment (N.D.C.C. § 32-19-03). See the North Dakota deficiency judgment page.
The deadline it starts and how to count it
- Answer within 21 days after you were served (N.D.R.Civ.P. 12(a)(1)(A)). The courts' self-help page says this means 21 calendar days after the date you were served.
- Serving means getting a copy of your written answer delivered to the lender's attorney, then keeping proof of service. If a case number exists, also file your answer with the clerk of district court.
- If the lender has not filed the case, you can serve a Demand for Filing. If the lender does not file the complaint within 20 days after it gets your demand, service of the summons is void, unless the court later finds excusable neglect on a motion made within 60 days (N.D.R.Civ.P. 5(d)).
- If you do not answer in time, the court can grant a default judgment without your input, and the lender may not have to tell you it asked for one, according to the courts' self-help page.
What to do this week
- Write the service date on the papers and mark day 21 on a calendar.
- Call Legal Services of North Dakota at 1-800-634-5263 (1-866-621-9886 if you are 60 or older) or Dakota Plains Legal Services and say you have a court deadline.
- Read the complaint for the redemption period it claims, whether it asks for a deficiency, and the amount it says you owe.
- Find your Notice Before Foreclosure. Compare its date to the date you were served. It must have been served 30 to 90 days before the suit started (N.D.C.C. § 32-19-20).
- Use the Answer form and instructions on the North Dakota Legal Self Help Center's Answering a Summons and Complaint page if you have no lawyer. The courts say those forms are not official forms.
- Keep working with your servicer. If you send a complete loss mitigation application more than 37 days before a sale, federal rules limit the servicer from moving for judgment or sale while it is reviewed (12 C.F.R. § 1024.41(g)).
How to stop foreclosure in North Dakota explains each option, and how foreclosure works in North Dakota shows what comes next.
North Dakota help and scam warnings
- Free legal help: Legal Services of North Dakota and Dakota Plains Legal Services. Paid help: the State Bar Association of North Dakota Lawyer Referral Service at 866-450-9579.
- The courts' self-help center has a fee waiver request page if you cannot pay a filing fee.
- A lawsuit brings mail from strangers who read court records. Report anyone who asks for an upfront fee or your deed 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
My North Dakota foreclosure papers have no case number. Is the lawsuit real?
It can be. Under N.D.R.Civ.P. 3, a North Dakota case starts when you are served, and the lender files later. Your 21 days still run from the day you were served. You can serve a Demand for Filing to make the lender file within 20 days.
Does a North Dakota foreclosure complaint have to say how long I can redeem?
Yes. N.D.C.C. § 32-19-04 requires the complaint to state facts that establish the redemption period and whether a deficiency judgment will be sought. For most homes that are not farmland, the period is 60 days after the sale (N.D.C.C. § 32-19-18).
What happens if I miss the 21 days?
The court can enter a default judgment for the amount due and order the home sold. The North Dakota courts' self-help page lists a motion for relief from default judgment form, but you should call a lawyer right away if this happens.
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.
- 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.
Sources
- N.D.C.C. chapter 32-19 (§§ 32-19-01, 32-19-03, 32-19-04, 32-19-06, 32-19-27)
- N.D. Rules of Civil Procedure, Rule 3 (commencement of action)
- N.D. Rules of Civil Procedure, Rule 5 (demand for filing)
- N.D. Rules of Civil Procedure, Rule 12 (time to answer)
- North Dakota Legal Self Help Center: Answering a Summons and Complaint
- North Dakota Legal Self Help Center: Finding a Lawyer