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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - North Dakota Century Code Title 1. General Provisions § 1-05-05. Validating foreclosure when proceedings defective - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-1-general-provisions/nd-cent-code-sect-1-05-05/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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