North Dakota § 32-19-06.2 Deficiency judgments on agricultural land

North Dakota Statutes

§ 32-19-06.2 — Deficiency judgments on agricultural land

North Dakota § 32-19-06.2

Title 32Judicial Remedies

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

This text of North Dakota § 32-19-06.2 (Deficiency judgments on agricultural land) 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 § 32-19-06.2 (2026).

Text

If the complaint in an action to foreclose on agricultural land of more than forty acres [16.19
hectares] has provided for a deficiency judgment, a separate action for the deficiency must be
brought within ninety days after the sheriff's sale. In the separate action, a deficiency judgment
may be entered, but may not be in excess of the amount by which the sum adjudged to be due
and the costs of the action exceed the fair market value of the mortgaged premises. There is not
a presumption that the premises sold for the fair market value. The court may not render a
deficiency judgment unless the fair market value as determined by the court is less than the
sum adjudged to be due and costs of the action. Fifteen days' notice of the time and place for
determination of fair market value must be 

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If the complaint in an action to foreclose on agricultural land of more than forty acres [16.19
hectares] has provided for a deficiency judgment, a separate action for the deficiency must be
brought within ninety days after the sheriff's sale. In the separate action, a deficiency judgment
may be entered, but may not be in excess of the amount by which the sum adjudged to be due
and the costs of the action exceed the fair market value of the mortgaged premises. There is not
a presumption that the premises sold for the fair market value. The court may not render a
deficiency judgment unless the fair market value as determined by the court is less than the
sum adjudged to be due and costs of the action. Fifteen days' notice of the time and place for
determination of fair market value must be given to all parties against whom personal judgment
is sought. Any party may offer evidence to show the fair market value even though that party
may not have otherwise appeared in the action for a deficiency judgment. Any deficiency
judgment obtained may only be enforced by execution within three years from the date of entry
of the judgment. If the judgment is not collected within three years, the judgment expires. As
used in this section, "fair market value" means the most probable price that real property can be
sold for in the open market by a willing seller to a willing buyer, neither acting under compulsion
and both exercising reasonable judgment.