§ 35-22-01 Foreclosure under power of sale – Prohibition – Exception
§ 35-22-02 Right to foreclose – Prerequisites – Recording
§ 35-22-03 Notice of intention to foreclose – Service – Payment – Failure to commence foreclosure within ninety days
§ 35-22-04 Foreclosure by advertisement enjoined – Procedure
§ 35-22-05 Foreclosure for installments – Separate proceedings – Redemption
§ 35-22-06 Notice – Published six times
§ 35-22-07 Notice of sale – Form
§ 35-22-08 Sale to be conducted at public auction – Time and place
§ 35-22-09 Sale as unit or by tracts
§ 35-22-10 Mortgagee, assigns, or representatives may purchase
§ 35-22-11 Certificate of sale – Contents – Recordation within sixty days after sale – Effect of certificate
§ 35-22-12 Costs – Disbursements
§ 35-22-14 Affidavit of publication – Contents – Filed within sixty days
§ 35-22-15 Recorder – Note of sale on margin of mortgage record
§ 35-22-16 Affidavit of publication recorded – Effect of in evidence
§ 35-22-17 Copy of affidavit of publication to be mailed
§ 35-22-18 Affidavit of mailing – Recordation
§ 35-22-19 Failure to mail notices – Liability
§ 35-22-20 Redemption – Who may redeem – Notice to officer making sale
§ 35-22-21 Deed – Issuance – Effect
§ 35-22-22 Disposition of proceeds of sale
§ 35-22-23 Payment of surplus into court – Petition for surplus
§ 35-22-24 Application for order directing payment of surplus – Notice – Service
§ 35-22-25 Order for distribution – Payment
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Terms Used In North Dakota Code > Chapter 35-22 - Foreclosure of Mortgages of Real Property by Advertisement

  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37