North Dakota Code 32-19-23.1 – Abandoned property – Prima facie evidence
1. An affidavit under this section is prima facie evidence of abandonment if the affidavit is made by:
Terms Used In North Dakota Code 32-19-23.1
- 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.
- 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
- 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.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
a. The sheriff or sheriff’s deputy of the county in which the mortgaged premises is located, or of a building inspector, zoning administrator, housing official, or other municipal or county official having jurisdiction over the mortgaged premises, and the affidavit states the mortgaged premises are not actually occupied; or
b. The party foreclosing a mortgage, holding a sheriff’s certificate, or an agent or contractor of the party foreclosing the mortgage, and the affidavit states the affiant has changed the locks on the mortgaged premises and a party having a legal possessory right has not requested entrance to the premises for at least ten days.
2. An affidavit under this section must include at least one of the following facts:
a. Windows or entrances to the premises are boarded or shuttered, or multiple window panes are broken; b. Doors to the premises are destroyed, broken, unhinged, or continuously unlocked; c. Gas, electric, or water service to the premises has been terminated; d. Rubbish, trash, or debris has accumulated on the mortgaged premises; e. Law enforcement has received at least two reports of trespassers, vandalism, or other illegal acts on the premises; or
f. The premises is deteriorating and either below or in imminent danger of falling below minimum community standards for public safety and sanitation.
3. This section applies only to mortgaged property that is:
a. Ten acres or less; b. Improved with a residential dwelling that consists of fewer than five units and is not a model home or under construction; and
c. Not used in agricultural production.