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Enacted

North Dakota Enacts Uniform Commercial Real Estate Receivership Act and Orders Interim Study

Original title: AN ACT to create and enact chapter 32-10.1 and a new section to chapter 32-19.2 of the North Dakota Century Code, relating to 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 · March 26, 2025: Filed with Secretary Of State 03/25

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

North Dakota establishes the Uniform Commercial Real Estate Act to govern court-appointed trustees for commercial properties during foreclosures, sets rules for receiver powers and property management, and mandates a legislative study during the 2025-26 interim.

Why it matters

Commercial property owners, lenders, and tenants face standardized state rules governing how courts manage distressed real estate, collect rents, handle s, and distribute proceeds during foreclosure proceedings.

Background
  • Senate Bill 2122 was considered during the Sixty-ninth Legislative Assembly of North Dakota in 2025. context
  • The Uniform Law Commission drafts and proposes specific uniform acts to state legislatures to promote legal consistency across jurisdictions. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Commercial real estate owners

Property owners face standardized court receivership rules, turnover duties, and potential liability for damages or contempt upon failing to cooperate with a receiver.

Directly affected

Mortgagees

Lenders gain clear statutory grounds to request receiver appointments, collect rents, and enforce mortgages without forfeiting deficiency judgment rights.

Directly affected

Residential tenants in commercial buildings

Tenants occupying residential premises as a primary residence receive explicit protections preventing receivers from rejecting their unexpired leases under certain conditions.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Does this act apply to residential homes?
The chapter generally does not apply to real estate improved by one to four dwelling units unless the property is used for agricultural, commercial, industrial, or mineral-extraction purposes, or the owner is collecting rents from a non-affiliate.
What is required of a person appointed as a receiver?
A receiver must submit a statement under penalty of perjury confirming they have no disqualifying conflicts of interest and must post a bond or alternative security approved by the court.
What happens to existing leases when a receiver is appointed?
With court approval, a receiver may adopt or reject s and unexpired leases, though specific protections prevent the rejection of certain residential leases where the tenant occupies the premises as a primary residence.

What else do you want to know?

News Coverage

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Where This Stands

Current status: Signed into law.

Procedural history

18 actions
  1. Mar 26, 2025
    Filed with Secretary Of State 03/25
  2. Mar 24, 2025SenateEnrolled
    Signed by Governor 03/24
  3. Mar 21, 2025SenateEnrolled
    Sent to Governor
  4. Mar 21, 2025Senate
    Signed by President
  5. Mar 20, 2025House
    Signed by Speaker
  6. Mar 18, 2025SenateFloor
    Second reading, passed, yeas 45 nays 1
Show 12 earlier actions
  1. Mar 18, 2025Senate
    Concurred
  2. Mar 11, 2025Senate
    Returned to Senate (12)
  3. Mar 10, 2025HouseFloor
    Second reading, passed as amended, yeas 93 nays 0
  4. Mar 7, 2025HouseCommittee
    Amendment adopted, placed on calendar
  5. Mar 7, 2025HouseCommittee
    Reported back amended, do pass, amendment placed on calendar 11 0 2
  6. Mar 5, 2025HouseCommittee
    Committee Hearing 03:00
  7. Feb 13, 2025HouseIntroduced
    Introduced, first reading, referred Industry, Business and Labor Committee
  8. Jan 17, 2025House
    Received from Senate
  9. Jan 16, 2025SenateFloor
    Second reading, passed, yeas 47 nays 0
  10. Jan 15, 2025SenateCommittee
    Reported back, do pass, place on calendar 5 0 0
  11. Jan 13, 2025SenateCommittee
    Committee Hearing 09:30
  12. Jan 7, 2025SenateIntroduced
    Introduced, first reading, referred Industry and Business Committee

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift99% confidence

Adoption of Uniform Commercial Real Estate Receivership Act

North Dakota replaced disparate or sparse receivership provisions with a standardized statutory chapter governing commercial foreclosures and receivers.

Connected Entities

Commission on Uniform State Laws, Senate Industry and Business Committee
OrganizationCommission on Uniform State Laws“Requested the introduction of the legislation”Map →
OrganizationSenate Industry and Business Committee“Legislative committee that sponsored Senate Bill 2122”Map →

Sources

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy10
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz15
    Current news / social attention level

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