|   Forgot username?   |   Forgot password?   |   New User?
Home Learning Center Data Feed Services Branding Services FAQs about us
Skip Navigation LinksHome > Learning Center Home > State Foreclosure Laws and Process
Attorney/Trustee File Number
  
ZIP Code
 
Property Address
 
Sale Date
 
Advanced Search
Alaska
Arizona
California
Hawaii
Idaho
Montana
Nevada
Oregon
Tennessee
Washington
State Foreclosure Laws and Process
Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

North Dakota
Foreclosure Posting Requirements
Foreclosures are by Judicial process. Prior to commencing foreclosure, the lender must provide at least thirty (30) written notice of the default. During that thirty (30) day period, the borrower has the right to reinstate the loan by curing the default. Once the complaint is filed, it must be served in the same manner as a civil summons. The defendants have twenty (20) days to answer prior to default. After default, the lender must file a Motion for Judgment, which takes thirty-five (35) days. Once Judgment is issued, the Court instructs the Sherriff to conduct the sale. The Notice of Sale must be served on all defendants. The Notice of Sale must be published for three (3) consecutive weeks which shall end at least ten (10) days before sale. There is a sixty (60) day redemption period following the sale for non-agricultural land. Deficiency awards are generally not allowed on owner occupied land.
Foreclosure Auction Locations
Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the direction is as vague as 'any public place within the county in which the property is located.' Other times, the statute requires that a foreclosure sale only be held at the site of the property to be foreclosed. Foreclosure sales can be conducted at public auction held at the front door of a courthouse of the superior court in the judicial district where the property is located, unless the deed of trust specifically provides that the sale shall be held in a different place.
Foreclosure Timeline
Timeline StepDays for StepTotal Days
Mail warning notice and notice period3030
File and serve complaint1040
Answer period2060
Entry of Judgment3595
Publication of Notice and 10 day period; Service25-31120-126
Sale1121-127
Redemption period60181-187

(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)
State Statutes
North Dakota Foreclosure Statutes