Dickinson, ND asked in Bankruptcy, Divorce and Probate for North Dakota

Q: In North Dakota, is there a statute of limitations to collect on a mortgage?

Thirty years ago, as part of our divorce settlement, my ex husband signed a mortgage against our farmland to pay me $30,000 over ten years. In return I signed a QCD. He never made the payments and after three years filed for bankruptcy. The bankruptcy court upheld my mortgage and set up a schedule for payments which he never made. My ex passed away this past October. I’m wondering if I can collect these funds from his estate. It does not appear that a probate has been filed.

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1 Lawyer Answer
Lucas Wynne
Lucas Wynne
  • St. Louis Park, MN
  • Licensed in North Dakota

A: Likely but you better move fast. Call an attorney who does estates.

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