North Dakota Code § 35-22-19

Failure to mail notices - Liability
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The failure to comply with sections 35-22-17 and 35-22-18 in no way invalidates the 
foreclosure proceedings nor affects the title to the property involved, but such failure renders the 
state liable in a civil action to the person entitled to a copy of the affidavit of publication herein 
described for any damage sustained by the person by reason of such failure.

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