North Dakota Code 15-08-08 – Assignee or successor in interest of purchaser – Rights and liabilities – Judicial sale – Subrogation
An assignee of a bona fide purchaser of any of the lands mentioned in this title is subject to and governed by the provisions of this chapter applicable to the purchaser of whom the person is an assignee, and has the same rights in all respects as an original purchaser of the same class of lands. When the interest of a purchaser of any such lands is levied upon or attached in an action brought to recover a debt due from the purchaser, and when such interest is sold under execution and a certificate of sale is issued by the sheriff, the holder of the sheriff’s certificate, after the expiration of one year from the date of sale, may obtain and present to the commissioner of university and school lands a certificate of the sheriff of the county in which the land is situated, setting forth:
Terms Used In North Dakota Code 15-08-08
- Contract: A legal written agreement that becomes binding when signed.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- 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
- year: means twelve consecutive months. See North Dakota Code 1-01-33
1. That the sale has been made; 2. The name and address of the purchaser at the sale; 3. That one year has elapsed since the sale; 4. That no redemption has been made by or on behalf of the original purchaser of the land, or the purchaser’s assignees or successors in interest; and
5. That no claim of homestead exemption has been made as to the land by any person.
After the filing of such certificate in the office of the commissioner of university and school lands, the person who bought the interest of the purchaser of the land at such judicial sale is subrogated to the contract of the original purchaser and to all rights of the purchaser in and to the land. The person so subrogated may carry out and perform the contract of purchase with the state in all particulars and on full performance thereof the person shall receive a conveyance of the land from the state.