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ND SB2122
Bill
Status
3/24/2025
Primary Sponsor
Industry and Business
Click for details
AI Summary
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Creates new chapter 32-10.1 adopting the Uniform Commercial Real Estate Receivership Act, establishing standardized procedures for court-appointed receivers to manage, protect, and dispose of commercial real property during foreclosure or enforcement actions
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Applies to commercial, agricultural, industrial, and mineral-extraction properties but excludes residential properties with 1-4 dwelling units unless used for business purposes or generating rental income
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Establishes receiver qualifications and disqualifications, requiring submission of a statement under penalty of perjury confirming no conflicts of interest, and mandates posting of a bond conditioned on faithful discharge of duties
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Grants receivers broad powers including collecting rents, operating businesses, incurring debt, transferring property with court approval, and adopting or rejecting executory contracts; requires owners to cooperate and turn over property and records
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Directs a 2025-26 legislative management study to consider consolidating all receiver-related provisions across multiple chapters into a single chapter, with findings reported to the 70th Legislative Assembly
Legislative Description
The Uniform Commercial Real Estate Receivership Act and trustees for commercial buildings during foreclosures; to provide for a legislative management study; and to provide for application.
Last Action
Filed with Secretary Of State 03/25
3/26/2025