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1-05 Validation of Execution and Foreclosure Sales

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CHAPTER 1-05VALIDATION OF EXECUTION AND FORECLOSURE SALES1-05-01. Delayed recording - Sheriff's certificate of sale validates. Any sale of realestate made under execution or in foreclosure of a mortgage, prior to January 1, 1943, hereby is<br>declared to be legal and valid for all purposes though the sheriff's certificate of sale issued in<br>completion of such sale was not filed for record in the office of the recorder within sixty days after<br>the date of such sale, but this provision does not apply to nor affect any action or proceeding<br>pending in any court of this state upon the taking effect of this code.1-05-02. Validation of powers of attorney. All sales of real estate made in proceedingsfor the foreclosure of mortgages prior to January 1, 1943, hereby are declared legal and valid for<br>all purposes even though:1.The power of attorney to foreclose was not recorded in the office of the recorder of<br>the county wherein said real estate is located on or before the date of sale but was<br>executed before the date of sale and is recorded in the office of the recorder of the<br>county wherein said real estate is located within six months after the taking effect of<br>this code; or2.The power of attorney to foreclose was not executed and delivered to the attorney<br>named therein prior to the commencement of such foreclosure proceedings but was<br>executed and recorded in the office of the recorder of the county wherein said real<br>estate is located prior to the time of said sale.1-05-03. Validation of foreclosure - Assignment unrecorded. Any sale of real estateunder a judgment of foreclosure entered prior to the passage and taking effect of this code<br>hereby is declared legal and valid for all purposes, though any assignment of the mortgage<br>foreclosed was not recorded prior to the institution of the action to foreclose, if such assignment<br>was executed and recorded before the entry of such judgment.1-05-04. Validation of foreclosure of mortgage by foreign executor, administrator,or guardian. If any real estate mortgage given prior to January 1, 1943, was foreclosed in any<br>action or proceeding by a foreign executor, administrator, or guardian, such foreclosure, after six<br>months from and after the date this code takes effect, may not be set aside by reason of the<br>appointment of a resident executor, administrator, or guardian, or by reason of the failure of any<br>such foreign executor, administrator, or guardian to file an authenticated copy of the person's<br>appointment as such executor, administrator, or guardian, in the office of the clerk of the district<br>court, or to record such copy in the office of the recorder of the county in which the action or<br>proceeding to foreclose such mortgage was commenced, if a certified copy of such appointment<br>heretofore has been recorded in such county, and if in the action or proceeding to foreclose such<br>mortgage a sheriff's certificate has been issued prior to January 1, 1943.1-05-05. Validating foreclosure when proceedings defective. From and after January1, 1944, no action may be commenced or maintained, and no defense or counterclaim in any<br>action shall be recognized, in the courts of this state, upon the ground that any real estate<br>mortgage foreclosure, sale in connection with which was had prior to January 1, 1943, is<br>defective, legally insufficient, or void, unless such action, defense, or counterclaim is upon<br>grounds other than the following:1.That no notice of intention to foreclose the mortgage was served upon the record<br>owner or other person or persons in the manner required by law, or that any such<br>notice is defective in form or substance, or in manner of service or filing;2.That no application for permission to foreclose such mortgage was made to or<br>granted by the district court;Page No. 13.That the printer's affidavit of publication of the notice of mortgage foreclosure sale in<br>connection with such foreclosure was made by an employee of the newspaper<br>printing the notice, other than the printer, publisher, foreman, clerk, or bookkeeper of<br>such newspaper; or4.That no power of attorney, or attorney's affidavit was filed or recorded as provided by<br>law.1-05-06. Action to set aside mortgage foreclosure - Time limitation. After January 1,1944, all proceedings for and preliminary to the foreclosure of a real estate mortgage if sale was<br>had prior to January 1, 1943, are deemed valid and sufficient notwithstanding the defects<br>enumerated in section 1-05-05.1-05-07. Validation of foreclosure sale without notice of intention. Any sale of realestate heretofore or hereafter made upon the foreclosure of a mortgage executed prior to July 1,<br>1919, is declared legal and valid for all purposes though no notice of intention to foreclose has<br>been given or served as required by section 32-19-20.Page No. 2Document Outlinechapter 1-05 validation of execution and foreclosure sales