1. A copy of the RECORDED Deed of Trust
2. A copy of the Note
3. A copy of the RECORDED Assignments if applicable
4. Breakdown of Arrearages, i.e. date delinquency started, monthly payments, monthly late charges and any other costs that may have been paid, i.e. taxes, insurance, inspections, etc.

Foreclosure Method
The only method of foreclosure in North Dakota is judicial.

The first step is a thirty-day demand letter sent to the liable parties. It must state what is requested in Nos. 4 and 5 above. Suit cannot be started until thirty days after the letter is marked.

The next step of a judicial foreclosure is to determine who the interested parties in the property being foreclosed are. This is done by a foreclosure report from a title company. A notice of the foreclosure lawsuit is filed in the real estate records. All interest parties are served with a copy of the summons and complaint. Generally, to serve an interested party means to give to him a copy of the summons and complaint in any manner reasonable calculated, under all of the circumstances, to apprise him of the existence and pendency of the foreclosure lawsuit and to afford him a reasonable opportunity to appear and assert his point of view. Personally serving the party or his agent are the preferred methods of service and permit the court to enter a personal judgment, including a deficiency judgment. Service by mail or publication generally allows the court to order foreclosure, but not a personal judgment, including a deficiency judgment.

If any interest party interposes objections to the foreclosure, the court must resolve these objections. If no objections are filed by any interest party, the court will enter a judgment of foreclosure approximately forty-five (45) days (60 days if the U.S.A. is a party) after all interested parties have been served.

Notice of the foreclosure sale must be given to all interested parties by: publication and mail.

The foreclosure sale is held at the county courthouse and can be postponed twice for 3 days. If a longer postponement is necessary, the notice of sale is re-published.

There is a redemption of period up to one (1) year after the date of sale unless the mortgage contains specific language regarding provisions of the "Short-Term Mortgage Redemption Act". Then the redemption period is six (6) months from filing of the summons and complaint but not less than 60 days after the sale. The redemption period will be one (1) year regardless if more than one-third of the principal balance has been paid.

Foreclosure
General Time Frame 7 Months
Post – Sale Redemption 60 days/Up to a year for Agricultural
Postponement Allowed No
FNMA Fee $900
FHLMC Fee $800
FHA Fee $950
VA Fees Adjusted Accordingly
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Important Notice
Kleinsmith & Associates, P.C. operates within Fannie Mae fee schedules and timelines and will provide the same coverage as a “FNMA Network Certified” law firm. Should any loss or damage occur as a result of a mistake by our firm during the foreclosure process, which we cannot rectify, Kleinsmith & Associates, P.C. will indemnify the servicer against any loss or damage.