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North Dakota law

Real Estate Laws in North Dakota.

North Dakota real estate practice covers deeds, title, residential seller disclosures, homestead, and foreclosure. North Dakota permits both judicial foreclosure and foreclosure by advertisement (nonjudicial, N.D. Cent. Code Chapter 35-22). North Dakota's foreclosure-by-advertisement process takes approximately 90-120 days. The homestead exemption is generous at $100,000. North Dakota has a distinctive 6-month post-sale redemption period for foreclosure sales. North Dakota is a race-notice recording state. Water rights follow prior appropriation with state oversight by the State Water Commission.

Last verified: 2026-04-17

State law

Key North Dakota Statutes

Foreclosure by AdvertisementN.D. Cent. Code Chapter 35-22

Nonjudicial foreclosure where the mortgage contains a power-of-sale provision. Requires Notice of Sheriff's Sale published for 6 consecutive weeks, notice to mortgagor, and sheriff's sale. Process typically 90-120 days.

Judicial ForeclosureN.D. Cent. Code Chapter 32-19

Judicial foreclosure available as alternative. Deficiency judgments permitted with court approval.

Post-Sale RedemptionN.D. Cent. Code § 28-24-02

6-month post-sale redemption period after foreclosure sale. Borrower may redeem by paying full purchase price plus interest and costs.

Homestead ExemptionN.D. Cent. Code § 47-18-01

Homestead protects up to $100,000 of equity in primary residence. Applies to lots in city (not to exceed 1 acre) or up to 160 acres of agricultural land.

Residential Real Property DisclosureN.D. Cent. Code § 47-10-02.1

Sellers of residential property must disclose known material defects.

Construction LiensN.D. Cent. Code Chapter 35-27

Contractors, subcontractors, and suppliers may file construction liens against improved real property. Filing deadline: 90 days from last furnishing.

Recording Priority (Race-Notice)N.D. Cent. Code § 47-19-41

North Dakota is a race-notice state: a subsequent bona fide purchaser for value without notice who records first prevails.

Water Rights (Prior Appropriation)N.D. Cent. Code Chapter 61-04

North Dakota follows the prior-appropriation doctrine for water. State Water Commission administers water rights.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Dakota.

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