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

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.