A person filing the petition as prescribed in section 35-22-23, after the expiration of thirty days from the day of sale, may apply to the district court for an order thereon. Notice of the application must be served either by mail or personally upon each person who has filed a like petition, upon the mortgagor, the person in actual possession of the property, if any, and upon every person having an interest in or lien upon the property sold subsequent to the mortgage    foreclosed and whose interest or lien, at the time of the sale, was recorded in the proper office in the county or counties in which the property sold is situated. The notice must be served at least eight days before the application. If it is shown to the court by affidavit that service upon any person required to be served cannot be made with due diligence, notice may be given to that person in any manner which the court directs.

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Terms Used In North Dakota Code 35-22-24

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49