N.D. Cent. Code § 1-05-05
This is the official text of N.D. Cent. Code § 1-05-05, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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1-05-05. Validating foreclosure when proceedings defective
Official statutory text
1-05-05. Validating foreclosure when proceedings defective
From and after January 1, 1944, no action may be commenced or maintained, and no
defense or counterclaim in any action shall be recognized, in the courts of this state, upon the
ground that any real estate mortgage foreclosure, sale in connection with which was had prior to
January 1, 1943, is defective, legally insufficient, or void, unless such action, defense, or
counterclaim is upon grounds other than the following:
1. That no notice of intention to foreclose the mortgage was served upon the record
owner or other person or persons in the manner required by law, or that any such
notice is defective in form or substance, or in manner of service or filing;
2. That no application for permission to foreclose such mortgage was made to or granted
by the district court;
3. That the printer's affidavit of publication of the notice of mortgage foreclosure sale in
connection with such foreclosure was made by an employee of the newspaper printing
the notice, other than the printer, publisher, foreman, clerk, or bookkeeper of such
newspaper; or
4. That no power of attorney, or attorney's affidavit was filed or recorded as provided by
law.
From and after January 1, 1944, no action may be commenced or maintained, and no
defense or counterclaim in any action shall be recognized, in the courts of this state, upon the
ground that any real estate mortgage foreclosure, sale in connection with which was had prior to
January 1, 1943, is defective, legally insufficient, or void, unless such action, defense, or
counterclaim is upon grounds other than the following:
1. That no notice of intention to foreclose the mortgage was served upon the record
owner or other person or persons in the manner required by law, or that any such
notice is defective in form or substance, or in manner of service or filing;
2. That no application for permission to foreclose such mortgage was made to or granted
by the district court;
3. That the printer's affidavit of publication of the notice of mortgage foreclosure sale in
connection with such foreclosure was made by an employee of the newspaper printing
the notice, other than the printer, publisher, foreman, clerk, or bookkeeper of such
newspaper; or
4. That no power of attorney, or attorney's affidavit was filed or recorded as provided by
law.
Status: in_force · Read it on the official government site
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