§ 32-19-23 — When notice not required

1. If the record title to real estate is in the name of a deceased person, notice before
foreclosure need not be served unless a personal representative of the estate is
appointed in the county in which the real estate is situated. The certificate of the judge
or clerk of the district court serving the county in which the real estate is situated
stating that a personal representative has not been appointed is sufficient evidence of
that fact.
2. Actual service of the notice before foreclosure is not required if the property is
abandoned as provided under section 32-19-23.1, or if service by mail as provided in
this chapter has been attempted three times and the attempted service is returned as
refused or unclaimed.