North Dakota Code 32-19-37 – Unknown defendants – How joined
A person having or claiming an estate or interest in, or lien or encumbrance upon, the property described in the complaint and not in possession and not appearing of record in the office of the recorder, the clerk of the district court, or the county auditor of the county in which the land described in the complaint is situated may be proceeded against as persons unknown, and any order, judgment, or decree entered in a foreclosure action is valid and binding on the unknown persons, whether of age or minors, and on those claiming under the unknown persons. If any unknown persons are joined as defendants, the unknown persons must be designated in the summons as: “And all persons unknown, claiming any estate or interest in, or lien or encumbrance upon, the real estate described in the complaint”. As to unknown defendants the plaintiff at the time of filing the summons and complaint shall file an affidavit substantially in the following form:
Terms Used In North Dakota Code 32-19-37
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Summons: Another word for subpoena used by the criminal justice system.
State of North Dakota ) ) ss. County of ) being duly sworn says that the affiant is the (attorney for) plaintiff in the above entitled action:
Affiant further says that as to all defendants proceeded against as “And all persons unknown, claiming any estate or interest in, or lien or encumbrance upon, the real estate described in the complaint” the interests of such unknown persons defendant in the land described in the complaint are not shown of record in the office of the recorder, the clerk of the district court, or the county auditor of the county of , that being the county in which the land is situated, and affiant does not know and is unable to ascertain the names, residences, or post-office addresses of any of the persons who are proceeded against as unknown persons defendant; that the relief sought in this action consists wholly or partially in excluding the unknown defendants from any interest in or lien upon the real estate described in the complaint except the right of redemption as provided by law.