§ 32-19-19 — Injury to property restrained - Abandoned real property

North Dakota § 32-19-19

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-19: Foreclosure of Real Estate Mortgages by Action

Text

The court, by injunction, on good cause shown, may restrain the party in possession from
doing any act to the injury of real property during the existence of the lien or foreclosure of a

mortgage on the real property and until the expiration of the time allowed for redemption. If at
the time of the commencement of the foreclosure action and at any time before the sheriff's sale
the mortgagee, or after the sheriff's sale the holder of the sheriff's certificate of sale, reasonably
believes that the property is abandoned, the mortgagee or holder of the sheriff's certificate may
allege abandonment in the complaint or petition the court to determine abandonment. If by
petition, a notice of hearing must be sent by mail to the last-known address of the mortgagor or
the party entitled to possession of the real property at least ten days prior to the date of the
hearing to determine abandonment. Service by mail is complete upon mailing. If the court
determines the real property is abandoned, the court may eliminate the redemption period in the
foreclosure judgment or, upon petition, grant the mortgagee or holder of the sheriff's certificate
immediate possession and use of the property and all benefit and rents from the property until
expiration of the redemption period. The court may consider remedies to prevent waste in a
foreclosure action or upon a petition for abandonment. The provisions of this section concerning
abandoned real property do not apply to agricultural property as defined by section 57-02-01.