Mortgage foreclosure surplus

N.D. Cent. Code §§ 32-19-10–11 directly govern judicial mortgage foreclosure surplus: after debt and costs, the surplus goes to court for distribution by order. Under § 32-19-10, surplus under $1,000 is forfeited to the county if no court application is filed within 60 days after deposit. For $1,000 or more, § 32-19-11 allows investment after 90 days for the defendant or successors; it does not impose the same forfeiture rule.

Tax sale surplus

N.D. Cent. Code § 57-28-20 governs excess proceeds when a county sells tax-deeded land after tax-lien foreclosure and directs payment to the former record owner, court clerk, or unclaimed-property administrator. The county retains the excess for 90 days after sale. An undisputed owner claim filed during that period is paid under § 57-28-20(3)(a); disputed claims go to court, and unclaimed funds go to the state unclaimed-property administrator, where they can still be claimed.

Unclaimed funds

North Dakota Revised Uniform Unclaimed Property Act, N.D. Cent. Code ch. 47-30.2; §§ 47-30.2-50–51 govern claims and administrator decisions. No fixed general initial owner-claim cutoff appears in § 47-30.2-50. A separate 180-day period under § 47-30.2-53 governs a court action after a denied or deemed-denied claim.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Mortgage foreclosure statute