§ 32-19-23.1 — Abandoned property - Prima facie evidence

North Dakota § 32-19-23.1

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

Text

1. An affidavit under this section is prima facie evidence of abandonment if the affidavit is
made by:

a. The sheriff or sheriff's deputy of the county in which the mortgaged premises is
located, or of a building inspector, zoning administrator, housing official, or other
municipal or county official having jurisdiction over the mortgaged premises, and
the affidavit states the mortgaged premises are not actually occupied; or
b. The party foreclosing a mortgage, holding a sheriff's certificate, or an agent or
contractor of the party foreclosing the mortgage, and the affidavit states the
affiant has changed the locks on the mortgaged premises and a party having a
legal possessory right has not requested entrance to the premises for at least ten
days.
2. An affidavit under this section must include at least one of the following facts:
a. Windows or entrances to the premises are boarded or shuttered, or multiple
window panes are broken;
b. Doors to the premises are destroyed, broken, unhinged, or continuously
unlocked;
c. Gas, electric, or water service to the premises has been terminated;
d. Rubbish, trash, or debris has accumulated on the mortgaged premises;
e. Law enforcement has received at least two reports of trespassers, vandalism, or
other illegal acts on the premises; or
f. The premises is deteriorating and either below or in imminent danger of falling
below minimum community standards for public safety and sanitation.
3. This section applies only to mortgaged property that is:
a. Ten acres or less;
b. Improved with a residential dwelling that consists of fewer than five units and is
not a model home or under construction; and
c. Not used in agricultural production.