{"data":{"id":"us-nd/n.d.-cent.-code-32-19-23.1","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 32-19-23.1","heading":"Abandoned property - Prima facie evidence","body":"1.An affidavit under this section is prima facie evidence of abandonment if the affidavit is made by:\na.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\nb.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.\n2.An affidavit under this section must include at least one of the following facts:\na.Windows or entrances to the premises are boarded or shuttered, or multiple window panes are broken;\nb.Doors to the premises are destroyed, broken, unhinged, or continuously unlocked;\nc.Gas, electric, or water service to the premises has been terminated;\nd.Rubbish, trash, or debris has accumulated on the mortgaged premises;\ne.Law enforcement has received at least two reports of trespassers, vandalism, or other illegal acts on the premises; or\nf.The premises is deteriorating and either below or in imminent danger of falling below minimum community standards for public safety and sanitation.\n3.This section applies only to mortgaged property that is:\na.Ten acres or less;\nb.Improved with a residential dwelling that consists of fewer than five units and is not a model home or under construction; and\nc.Not used in agricultural production.","path":["Title 32 Judicial Remedies","Chapter 32-19 Foreclosure Of Real Estate Mortgages By Action"],"source_url":"https://ndlegis.gov/cencode/t32c19.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"341a322b67d8c2868e155496f7c3255f49c62efbd3bc98c4a43fda040d851df8","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-32-19-23","next":"us-nd/n.d.-cent.-code-32-19-24"},"notice":"GroundRules: Original legal text. Not legal advice."}