North Dakota passed a bill amending “notice of default” requirements under the judicial foreclosure process. Under the bill, a lender or servicer is not required to provide a “notice of default” prior to commencing a judicial foreclosure action if the property is abandoned, or if service by mail has been attempted 3 times and the attempted service is returned as refused or unclaimed. The bill permits a foreclosing lender or servicer to allege abandonment in a foreclosure complaint, or by petition the court for a determination of abandonment at any time prior to the foreclosure sale. If abandonment is alleged, or a determination of abandonment is petitioned for, an affidavit is prima facie evidence of abandonment if the affidavit is made by: the foreclosing lender or servicer; the sheriff, or a deputy sheriff, of the county in which the property is located; or a building inspector, zoning administrator, housing official or other municipal or county official having jurisdiction over the property. The bill sets forth the information that must be included in the affidavit. In addition, the bill allows a court to eliminate the redemption period following a foreclosure sale if the property is abandoned. The bill becomes effective August 1, 2019.
See North Dakota Legislative Branch website for the full text of the Statutes:https://www.legis.nd.gov/assembly/66-2019/documents/19-0546-02000.pdf
