N.D. Cent. Code § 13-02.1-03
13-02.1-03. Value
13-02.1-03. Value
1. Value is given for a transfer or an obligation if, in exchange for the transfer or
obligation, property is transferred or an antecedent debt is secured or satisfied, but
value does not include an unperformed promise made otherwise than in the ordinary
course of the promisor's business to furnish support to the debtor or another person.
2. For the purposes of subdivision b of subsection 1 of section 13-02.1-04 and section
13-02.1-05, a person gives a reasonably equivalent value if the person acquires an
interest of the debtor in an asset pursuant to a regularly conducted, noncollusive
foreclosure sale or execution of a power of sale for the acquisition or disposition of the
interest of the debtor upon default under a mortgage, deed of trust, or security
agreement.
3. A transfer is made for present value if the exchange between the debtor and the
transferee is intended by them to be contemporaneous and is in fact substantially
contemporaneous.