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Current as of January 01, 2024 | Updated by Findlaw Staff
The court, by injunction, on good cause shown, may restrain the party in possession from doing any act to the injury of real property during the existence of the lien or foreclosure of a mortgage on the real property and until the expiration of the time allowed for redemption. If at the time of the commencement of the foreclosure action and at any time before the sheriff's sale the mortgagee, or after the sheriff's sale the holder of the sheriff's certificate of sale, reasonably believes that the property is abandoned, the mortgagee or holder of the sheriff's certificate may allege abandonment in the complaint or petition the court to determine abandonment. If by petition, a notice of hearing must be sent by mail to the last-known address of the mortgagor or the party entitled to possession of the real property at least ten days prior to the date of the hearing to determine abandonment. Service by mail is complete upon mailing. If the court determines the real property is abandoned, the court may eliminate the redemption period in the foreclosure judgment or, upon petition, grant the mortgagee or holder of the sheriff's certificate immediate possession and use of the property and all benefit and rents from the property until expiration of the redemption period. The court may consider remedies to prevent waste in a foreclosure action or upon a petition for abandonment. The provisions of this section concerning abandoned real property do not apply to agricultural property as defined by section 57-02-01.
Cite this article: FindLaw.com - North Dakota Century Code Title 32. Judicial Remedies § 32-19-19. Injury to property restrained--Abandoned real property - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-32-judicial-remedies/nd-cent-code-sect-32-19-19/
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 before relying on it for your legal needs.
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