If any real estate mortgage given prior to January 1, 1943, was foreclosed in any action or proceeding by a foreign executor, administrator, or guardian, such foreclosure, after six months from and after the date this code takes effect, may not be set aside by reason of the appointment of a resident executor, administrator, or guardian, or by reason of the failure of any such foreign executor, administrator, or guardian to file an authenticated copy of the person‘s appointment as such executor, administrator, or guardian, in the office of the clerk of the district court, or to record such copy in the office of the recorder of the county in which the action or proceeding to foreclose such mortgage was commenced, if a certified copy of such appointment heretofore has been recorded in such county, and if in the action or proceeding to foreclose such mortgage a sheriff’s certificate has been issued prior to January 1, 1943.

Terms Used In North Dakota Code 1-05-04

  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes administrator and "administrator" includes executor. 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49