There is a newer version of the North Dakota Century Code
2009 North Dakota Code
28 Judicial Procedure, Civil
28-29 Relief From Defaults and Hardships
Download pdforder fixing a reasonable time within which the debtor shall make good the default under the
security agreement and shall pay all costs of suit to date. If the debtor shows to the court, on or
before the date fixed by the interlocutory order, that the debtor has made such payment, or if the
debtor tenders it in court, then such action must be dismissed, otherwise, a final order for
judgment for plaintiff may be made as though such interlocutory order had not been made. The
court has the power to impound the personal property in controversy during the pendency of the
interlocutory order at the expense of the debtor. 28-29-07.1. Redemption of property after retaking under conditional sales contract - Notice. Repealed by S.L. 1965, ch. 296, § 32. 28-29-08. Enjoining mortgagee from foreclosing mortgage or vendor from taking possession or selling property permissible. When the mortgagee has commenced foreclosure proceedings, or the vendor demands or takes possession of the property covered by
the contract, and it appears by the affidavit of the mortgagor or vendee, or the mortgagor's or
vendee's agent or attorney, to the satisfaction of the judge of the district court of the county
wherein such property is situated, that the mortgagor or vendee has a legal counterclaim or is
entitled to take advantage of the provisions of section 28-29-07, or has any other valid defense
against the collection of the whole or any part of the amount claimed to be due, such judge, by an
order to that effect, may enjoin the mortgagee from foreclosing such mortgage by advertisement,
or the vendor from taking possession of or selling such property, and may direct that all further
proceedings be had in the district court having jurisdiction of the subject matter. For the purpose
of carrying out the provisions of this section, service may be made on the mortgagee or vendor
or the mortgagee's or vendor's attorney or agent. The provisions of this section apply to the
assignee or transferee of any mortgagee or vendor and to the assignee or successor in interest
of the mortgagor or vendee. Page No. 1 Document Outline chapter 28-29 relief from defaults and hardships
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