North Dakota § 1-05-05 - Validating foreclosure when proceedings defective
Full text of North Dakota North Dakota Century Code § 1-05-05 — Validating foreclosure when proceedings defective, with citation guidance and answers to common questions.
§ 1-05-05. Validating foreclosure when proceedings defective
From and after January 1, 1944, no action may be commenced or maintained, and no defense or counterclaim in any action shall be recognized, in the courts of this state, upon the ground that any real estate mortgage foreclosure, sale in connection with which was had prior to January 1, 1943, is defective, legally insufficient, or void, unless such action, defense, or counterclaim is upon grounds other than the following: 1. That no notice of intention to foreclose the mortgage was served upon the record owner or other person or persons in the manner required by law, or that any such notice is defective in form or substance, or in manner of service or filing; 2. That no application for permission to foreclose such mortgage was made to or granted by the district court; 3. 4. That the printer's affidavit of publication of the notice of mortgage foreclosure sale in connection with such foreclosure was made by an employee of the newspaper printing the notice, other than the printer, publisher, foreman, clerk, or bookkeeper of such newspaper; or That no power of attorney, or attorney's affidavit was filed or recorded as provided by law.
Frequently Asked Questions About North Dakota § 1-05-05
What does North Dakota Century Code § 1-05-05 cover?
Section 1-05-05 ("Validating foreclosure when proceedings defective") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Dakota § 1-05-05?
A common citation format is "North Dakota Century Code § 1-05-05" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.
How does North Dakota § 1-05-05 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.