North Dakota Code 32-19-19 – Injury to property restrained – Abandoned real property
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.
Terms Used In North Dakota Code 32-19-19
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.