North Dakota Judicial Mortgage Foreclosure Defense Answer
NORTH DAKOTA JUDICIAL MORTGAGE FORECLOSURE DEFENSE ANSWER
Before filing: Use this answer only for a filed mortgage foreclosure lawsuit. A defendant ordinarily must serve an answer within 21 days after service of the summons and complaint under N.D.R.Civ.P. 12(a)(1)(A); check the served papers, any order, and any rule or statute changing the time. Respond to every allegation. State a defense below only when its facts are true and can be supported. This document does not respond to a foreclosure by advertisement.
IN THE DISTRICT COURT OF [COUNTY] COUNTY, NORTH DAKOTA
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
Judicial district: [DISTRICT]
Case number: [NUMBER]
Defendant's answer to complaint for mortgage foreclosure
Defendant [FULL NAME] answers Plaintiff's complaint as follows. Each numbered response below corresponds to the same numbered paragraph of the complaint. Add a response for every paragraph. An allegation other than the amount of damages that is not denied may be treated as admitted under N.D.R.Civ.P. 8(b)(6).
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Complaint paragraph [1]: [ADMIT / DENY / ADMIT ONLY THE FOLLOWING FACTS AND DENY THE REST / LACK KNOWLEDGE OR INFORMATION SUFFICIENT TO FORM A BELIEF]. [FACTS, IF NEEDED].
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Complaint paragraph [2]: [RESPONSE]. [FACTS, IF NEEDED].
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Complaint paragraph [3]: [RESPONSE]. [FACTS, IF NEEDED].
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Complaint paragraph [EACH REMAINING NUMBER]: [RESPONSE]. [FACTS, IF NEEDED].
Separately stated defenses
Keep only defenses supported by the complaint, mortgage, payment history, title records, notices, or other evidence. Fill in every retained paragraph; delete unused paragraphs. N.D.R.Civ.P. 8(c)(1) requires an affirmative defense or avoidance to be stated affirmatively.
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Disputed mortgage or required complaint allegations. Plaintiff identifies the mortgage, applicable redemption period, or proposed deficiency claim inaccurately or incompletely under N.D.C.C. § 32-19-04 as follows: [IDENTIFY THE SPECIFIC ALLEGATION AND THE SUPPORTING DOCUMENT OR FACT].
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Disputed notice before foreclosure. As to the notice required by N.D.C.C. §§ 32-19-20 and 32-19-21, Defendant disputes [SERVICE / TIMING / SPECIFIED CONTENT] because [DATES, MISSING ITEM, AND SUPPORTING FACTS]. Plaintiff's filed notice or proof of service under § 32-19-27 is disputed because [DETAILS]. Defendant asks the court to determine whether the notice rules or an applicable statutory exception controls these facts.
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Cure within the statutory period. After notice before foreclosure, the record title owner or estate representative complied with the condition causing default within 30 days of service as follows: [DATE, AMOUNT OR ACTION, AND PROOF]. Defendant requests the reinstatement effect provided by N.D.C.C. § 32-19-28.
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Payments or credits. Plaintiff's claimed balance omits [PAYMENT, CREDIT, OR ADJUSTMENT] made on [DATE] in the amount of $[AMOUNT]. The supporting record is [DOCUMENT]. The amount Defendant disputes is $[AMOUNT OR EXPLANATION].
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Residential homestead deficiency limit. Plaintiff seeks a personal deficiency judgment despite the property meeting N.D.C.C. § 32-19-03's residential homestead conditions: [OWNER OCCUPANCY AND HOMESTEAD FACTS], [NUMBER OF UNITS], and [CONTIGUOUS ACREAGE]. Defendant asks the court to deny a deficiency judgment if those facts are proved.
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Other supported defense. [NAME THE DEFENSE, FACTS, AND SUPPORTING DOCUMENTS; OTHERWISE DELETE THIS PARAGRAPH].
Request for relief
Defendant asks the court to deny any foreclosure relief that Plaintiff has not established; determine any amount actually due after proven payments, credits, and defenses; apply the applicable notice, cure, and deficiency rules stated above; and grant further relief supported by the record and law.
Date: [__/__/____]
Defendant or attorney signature: ______________________________
Printed name and capacity: [NAME; SELF-REPRESENTED DEFENDANT OR ATTORNEY]
Mailing address: [STREET, CITY, STATE, ZIP]
Email address for electronic service: [EMAIL]
Telephone: [NUMBER]
Attorney identification number, if applicable: [NUMBER]
Certificate of service
I certify that on [__/__/____], I served this answer on [NAME OF PLAINTIFF'S ATTORNEY OR UNREPRESENTED PLAINTIFF] by [METHOD PERMITTED FOR THIS CASE] at [SERVICE ADDRESS OR ELECTRONIC SERVICE ROUTE].
Signature of person certifying service: ______________________________
Official sources
About this template
- Last updated
- November 3, 2026
- Citations checked
- November 3, 2026
- Jurisdiction
- North Dakota
- Category
- Real Estate
Legal authority
- N.D.C.C. § 32-19-01
- N.D.C.C. § 32-19-03
- N.D.C.C. § 32-19-04
- N.D.C.C. § 32-19-20
- N.D.C.C. § 32-19-21
- N.D.C.C. § 32-19-27
- N.D.C.C. § 32-19-28
- N.D.R.Civ.P. 8(b)(1)
- N.D.R.Civ.P. 8(b)(6)
- N.D.R.Civ.P. 8(c)(1)
- N.D.R.Civ.P. 10(a)
- N.D.R.Civ.P. 10(b)
- N.D.R.Civ.P. 11(a)(1)
- N.D.R.Civ.P. 12(a)(1)(A)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 3, 2026.
N.D.C.C. § 32-19-01 (checked November 3, 2026): "The plaintiff shall bring an action in district court for the foreclosure of a mortgage upon real property."
N.D.C.C. § 32-19-03 (checked November 3, 2026): "The plaintiff may not obtain a deficiency judgment in a foreclosure of residential property with four or fewer units of up to forty contiguous acres [16.19 hectares] containing a residence occupied by the owner as a homestead."
N.D.C.C. § 32-19-04 (checked November 3, 2026): "In an action for the foreclosure of a mortgage, the complaint must state sufficient allegations to identify the mortgage being foreclosed, to establish the applicable redemption period, and to determine whether a deficiency judgment will be sought and against which parties."
N.D.C.C. § 32-19-20 (checked November 3, 2026): "At least thirty days and not more than ninety days before the commencement of any action or proceeding for the foreclosure of a mortgage on real estate, a written notice shall be served on the title owner of record of the real estate."
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