North Dakota Code 32-19-41 – Abandoned personal property – Disposal by record title owner

1. If real property is adjudicated to be abandoned by an affidavit under section 32-19-23.1 or by a petition under section 32-19-19, the grantee in a sheriff’s deed that has been recorded, or after receipt and recording of a deed in lieu of foreclosure , may retain and dispose of, without legal process , any personal property left on the real property .

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Terms Used In North Dakota Code 32-19-41

• Affidavit : A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Deed : The legal instrument used to transfer title in real property from one person to another.
• Foreclosure : A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
• Mortgagor : The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Person : means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
• Personal property : All property that is not real property.
• Personal property : includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
• Process : means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
• Property : includes property, real and personal. See North Dakota Code 1-01-49
• Real property : Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder : An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• State : when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2. If the real property is not adjudicated to be abandoned by an affidavit under section 32-19-23.1 or by a petition under section 32-19-19, the grantee may retain and dispose of, without legal process, any personal property left on the real property thirty days after the issuance of a sheriff’s deed.

3. If the total estimated value of personal property under subsection 2 is five hundred dollars or more, the record title owner shall make reasonable efforts to notify in writing the mortgagor or person who was entitled to possession of the real property during the redemption period by certified mail at least fifteen days before disposing of the personal property. Service by mail is complete upon mailing.

4. The record title owner is entitled to the proceeds from the sale of the personal property, after all costs incidental to removal, storage, disposal, and sale of the property have been deducted.

5. This section applies only to tracts of land not exceeding forty acres [16.19 hectares].

6. If the record title owner cannot be located, any remainder from the proceeds of a sale must be delivered to the administrator of the state abandoned property office in accordance with chapter 47-30.2.