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North Dakota · TitleNorth Dakota old mortgages: a 10-year foreclosure limit and 20-year marketable record title

North Dakota bars late enforcement of old mortgages. Any action or proceeding for the foreclosure of a mortgage on real estate must be commenced within ten years after the claim for relief has accrued, and so must an action on a contract contained in a mortgage or other instrument affecting title (N.D.C.C. §28-01-15(2)-(3)). The Marketable Record Title Act works alongside that limit: a person in possession who, with immediate or remote grantors, has an unbroken chain of title of record for twenty years or more has marketable record title, subject only to claims not extinguished by the chapter, instruments recorded less than twenty years ago, and encumbrances of record not barred by the statute of limitations (§47-19.1-01). Claims depending on events twenty years or more in the past are barred unless the claimant records a verified notice of adverse claim before twenty years from the recording of the conveyance under which title is claimed (§47-19.1-03), filed in each county where the land lies (§47-19.1-05).

What the statutes set

  1. 10 years (§28-01-15(3))

    Mortgage foreclosure must be commenced within 10 years after the claim accrues.

  2. 20 years (§47-19.1-01)

    An unbroken record chain of 20 years in possession gives marketable record title.

  3. Encumbrances (§47-19.1-01)

    Only those not barred by the statute of limitations survive.

  4. Adverse claim notice (§§47-19.1-03, -05)

    Older claims barred unless a verified notice is recorded in time.

What the TC does when a North Dakota abstract shows an old open mortgage

  • Note the mortgage's maturity and any default date that could start the ten-year clock.
  • Ask the title examiner whether foreclosure is barred under §28-01-15.
  • Request a satisfaction from the holder if the examiner still requires one.

Questions about old North Dakota mortgages

How long does a North Dakota lender have to foreclose?

An action or proceeding to foreclose a real estate mortgage must be commenced within ten years after the claim for relief accrues (N.D.C.C. §28-01-15(3)).

Does North Dakota's marketable title law clear old mortgages?

Marketable record title is subject to encumbrances of record not barred by the statute of limitations, so it works together with the ten-year foreclosure limit (N.D.C.C. §47-19.1-01).

Related guides

Track the abstract review and any satisfaction as tasks on the deal in ClosingCode.

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Sources: N.D.C.C. §§28-01-15, 47-19.1-01, 47-19.1-03, 47-19.1-05 (ndlegis.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.