1.    Before any real property or interest in real property taken on execution may be sold, the officer making the sale shall give public notice of the time and place of the sale by advertisement in the county’s official newspaper once a week for three successive weeks, the last publication to be at least ten days before the making of the sale.

Terms Used In North Dakota Code 28-23-04

  • 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.
  • week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33

2.    Except for parties who have an ownership interest in the real property, the names of all defendants may be omitted from the public notice. If the names of the nonowner defendants are omitted, a copy of the public notice must be mailed to all defendants whose names are omitted at least ten days before the date of the sale. Service by mail is complete upon mailing. All sales made without notice as provided in this section must be set aside by the court to which the execution is returnable, upon motion to confirm the sale.

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