All sales of real estate made in proceedings for the foreclosure of mortgages prior to January 1, 1943, hereby are declared legal and valid for all purposes even though:

Terms Used In North Dakota Code 1-05-02

  • 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
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC

1.    The power of attorney to foreclose was not recorded in the office of the recorder of the county wherein said real estate is located on or before the date of sale but was executed before the date of sale and is recorded in the office of the recorder of the county wherein said real estate is located within six months after the taking effect of this code; or

2.    The power of attorney to foreclose was not executed and delivered to the attorney named therein prior to the commencement of such foreclosure proceedings but was executed and recorded in the office of the recorder of the county wherein said real estate is located prior to the time of said sale.