A sheriff’s deed is a deed that transfers or conveys title (ownership rights) in property purchased at a sheriff’s sale. A sheriff’s sale is typically ordered by a court after a person or entity fails to pay a court judgment against them (a judgment debtor) or when the property is the subject of a mortgage foreclosure.
Laws vary from state to state, but a debtor whose property is the subject of a mortgage foreclosure that was sold at a sheriff’s sale may have the right to redeem the property or the right to redemption of the property—paying the amount due and keeping the property—until confirmation of the sale is signed by the judge and filed by the court. This redemption period is usually defined by state statute and may be referred to as a statutory redemption period.
The lender (bank) that is foreclosing on the mortgage is often the high bidder that purchases the property at a sheriff’s sale. If another party is the high bidder at the sheriff’s sale, the lender (bank) may be able to get a deficiency judgment against the debtor (borrower or mortgagor) if the sale amount isn’t enough to pay the balance of the debt—depending on the state’s law.
In North Dakota, a sheriff's deed is a legal document that transfers ownership of a property sold at a sheriff's sale, which typically occurs due to a court-ordered sale after a judgment debtor fails to pay a court judgment or in the case of mortgage foreclosure. North Dakota law provides a statutory redemption period during which the debtor can redeem the property by paying the full amount due. This period lasts up to one year after the sheriff's sale for agricultural property, and up to 60 days for other properties, as specified in North Dakota Century Code (NDCC) 28-24-02. If the property is sold for less than the amount owed, the lender may seek a deficiency judgment against the debtor to recover the remaining balance, as allowed under NDCC 32-19-06. However, the lender's right to a deficiency judgment may be limited if the property is residential and the mortgage was originated after August 1, 1987, as per NDCC 32-19-06.1.