28-23-04. Sale of real property - Notice of sale - Contents.
158 words·~1 min read·
/nd/title-28/chapter-28-23-sales-under-execution/28-23-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Before any real property or interest in real property taken on execution may be sold,
the officer making the sale shall give public notice of the time and place of the sale by
advertisement in the county's official newspaper once a week for three successive
weeks, the last publication to be at least ten days before the making of the sale.
2. Except for parties who have an ownership interest in the real property, the names of all
defendants may be omitted from the public notice. If the names of the nonowner
defendants are omitted, a copy of the public notice must be mailed to all defendants
whose names are omitted at least ten days before the date of the sale. Service by mail
is complete upon mailing. All sales made without notice as provided in this section
must be set aside by the court to which the execution is returnable, upon motion to
confirm the sale.