North Dakota § 35-03-15 - Extension of mortgage - Expiration delayed - Retroactivity

§ 35-03-15. Extension of mortgage - Expiration delayed - Retroactivity

1. Expiration of a real estate mortgage lien as provided in sections 35-03-14 and 35-03-15.1 does not occur if prior to the date the expiration otherwise would become effective: a. An action or proceeding to foreclose is timely and properly commenced and the summons and complaint in the action are duly filed with the clerk of the court having jurisdiction, and there is duly recorded in the office of the recorder a special notice of the pendency of the action, or of the pendency of a proceeding to foreclose by advertisement; b. A proceeding to foreclose by advertisement is commenced and a special notice of the pendency of the proceeding is recorded in the office of the recorder. c. There is duly recorded in the office of the recorder the statutory notice of intention to foreclose with proof of service; d. A deed in lieu of foreclosure purporting to continue the mortgage lien unmerged in the fee title is duly recorded in the office of the recorder; e. Actual possession of the mortgaged property is taken and held by the owner of the mortgage, or the owner of the mortgage recorded a notice of enforcement of an assignment of rents related to the mortgaged property; or f. An instrument by or on behalf of the owner of the mortgage or the owner's authorized agent in affidavit form asserting extension and continuation of the mortgage lien is duly recorded in the office of the recorder of the county in which the affected mortgaged real estate or some portion of the affected mortgaged real estate is situated, provided that no instrument is effective to postpone expiration of a mortgage lien under this section for more than ten years beyond the date expiration would have become effective under section 35-03-14, unless the lien was modified under section 35-03-15.1. 2. The provisions of section 35-03-14 and this section apply to all mortgages, including those executed or recorded before the effective date of section 35-03-14 and this section. The provisions of section 35-03-14 and this section do not bar any action, except foreclosure or enforcement of any lien, or cause any mortgage lien to expire, until January 1, 1964.