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North Dakota Code 35-22-02 - Right to foreclose - Prerequisites - Recording

North Dakota Code > Title 35 > Chapter 35-22 > § 35-22-02 - Right to foreclose - Prerequisites - Recording


Current as of: 2009

To entitle a party to foreclose by advertisement, it is requisite:

        1.    That default in a condition of the mortgage has occurred by which the power of sale has become operative;

        2.    That no action or proceeding has been instituted at law to recover the debt then remaining secured by the mortgage, or any part thereof, or if any action or proceeding has been instituted, that the same has been discontinued or that an execution upon the judgment rendered therein has been returned unsatisfied in whole or in part; and

        3.    That the mortgage containing the power of sale has been recorded and, if it has been assigned, that all the assignments thereof have been recorded.

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Questions & Answers: Home Foreclosure

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North Dakota Laws: Home Foreclosure

North Dakota Code > Chapter 32-19 - Foreclosure of Real Estate Mortgages by Action
North Dakota Code > Chapter 35-22 - Foreclosure of Mortgages of Real Property by Advertisement

U.S. Code Provisions: Home Foreclosure

U.S. Code > Title 12 > Chapter 38 - Multifamily Mortgage Foreclosure
U.S. Code > Title 12 > Chapter 38A - Single Family Mortgage Foreclosure

Related Articles: Home Foreclosure

 How to Avoid Foreclosure
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