North Dakota Code 32-19-27 – Proofs relative to notice – How made and filed
Proof of service of notice before foreclosure may be made by the return of a sheriff or other officer, or by affidavit of the person making personal service or mailing such notice. Proof of death of the title owner of record may be made by a certified copy of the death certificate or by affidavit of any person having knowledge of the fact. Proof of any other fact necessary to show the notice was properly served, service was attempted and refused or unclaimed, or the property is abandoned may be made by certificate of a proper officer or of an abstracter or by affidavit of any person having knowledge of the facts. Such proofs together with the notice must be filed with the complaint in any action for the foreclosure of a mortgage and must be recorded with the notice and certificate of sale in foreclosures by advertisement.
Terms Used In North Dakota Code 32-19-27
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- 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
- Property: includes property, real and personal. See North Dakota Code 1-01-49