North Dakota § 32-19-03 Who subject to deficiency judgment

North Dakota Statutes

§ 32-19-03 — Who subject to deficiency judgment

North Dakota § 32-19-03

Title 32Judicial Remedies

Ch. 32-19Foreclosure of Real Estate Mortgages by Action

This text of North Dakota § 32-19-03 (Who subject to deficiency judgment) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-19-03 (2026).

Text

The plaintiff may not obtain a deficiency judgment in a foreclosure of residential property
with four or fewer units of up to forty contiguous acres [16.19 hectares] containing a residence
occupied by the owner as a homestead. The plaintiff may obtain a deficiency judgment on
agricultural land of more than forty acres [16.19 hectares] but solely for the difference between
the amount of the debt and the fair market value of the land at the time of commencement of the
action. The plaintiff may obtain a deficiency judgment in all other cases for the difference
between the appraised value, as determined by a licensed appraiser appointed by the court at
the request of the plaintiff, and the amount determined due. The cost of the appraisal is an
allowable cost in the foreclosure action.

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The plaintiff may not obtain a deficiency judgment in a foreclosure of residential property
with four or fewer units of up to forty contiguous acres [16.19 hectares] containing a residence
occupied by the owner as a homestead. The plaintiff may obtain a deficiency judgment on
agricultural land of more than forty acres [16.19 hectares] but solely for the difference between
the amount of the debt and the fair market value of the land at the time of commencement of the
action. The plaintiff may obtain a deficiency judgment in all other cases for the difference
between the appraised value, as determined by a licensed appraiser appointed by the court at
the request of the plaintiff, and the amount determined due. The cost of the appraisal is an
allowable cost in the foreclosure action.