N.D. Cent. Code § 35-27-04 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-04
35-27-04. When lien attaches - Exception - Filing
Status: in_force

35-27-04. When lien attaches - Exception - Filing

As against a mortgage given in good faith for the purpose of providing funds for the

payment of materials or labor for the improvement, a lien may not be preferred even though

such mortgage is recorded after the time the first item of material or labor is furnished upon the

premises, or after the actual visible beginning of the improvement unless the person furnishing

such labor, skill, or material for such improvement, before the recording of such mortgage, files

for record a construction lien.
N.D. Cent. Code § 35-17-06 — ND Code / Title 35 / Chapter 35-17 / Section 35-17-06
35-17-06. Secretary of state to remove and destroy certain documents
Status: in_force

35-17-06. Secretary of state to remove and destroy certain documents

The secretary of state shall remove and destroy liens filed in the secretary of state's office

pursuant to this chapter in the manner provided for in section 11-18-14 for the recorder.
N.D. Cent. Code § 35-32-03 — ND Code / Title 35 / Chapter 35-32 / Section 35-32-03
35-32-03. Recording of lien
Status: in_force

35-32-03. Recording of lien

The holder of a lien under this chapter may record the lien on the aircraft by filing with the

federal aviation administration aircraft registry not later than the ninetieth day after the date of

performance of the last repair or maintenance a verified document in the form and manner

required by applicable federal laws and regulations. The document must include:

1. The name, address, and telephone number of the holder of the lien under this chapter.

2. The amount due for repairs or maintenance.

3. A complete description of the aircraft.

4. The name and address of the owner of the aircraft and the number assigned the

aircraft by the federal aviation administration, if known.
N.D. Cent. Code § 35-14-01 — ND Code / Title 35 / Chapter 35-14 / Section 35-14-01
35-14-01. Lien for storage of motor vehicles - Possession
Status: in_force

35-14-01. Lien for storage of motor vehicles - Possession

Any person engaged in the business of keeping a garage or place for the storage of motor

vehicles who, in connection therewith, stores or keeps any motor vehicle at the request or with

the consent of the owner or person lawfully in possession thereof, whether such owner be a

conditional vendee, a mortgagor remaining in possession, or otherwise, shall have a lien upon

the motor vehicle or any part thereof for the reasonable charges for such storing and may retain

the possession of the motor vehicle or any part or accessory thereof until such charge has been

paid. If storage is furnished pursuant to an agreement for a fixed price, the lien shall be for the

agreed amount.
N.D. Cent. Code § 35-24-06 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-06
35-24-06. Notice to purchaser of oil and gas
Status: in_force

35-24-06. Notice to purchaser of oil and gas

Anything in this chapter to the contrary notwithstanding, any lien claimed by virtue of this

chapter insofar as it may extend to oil or gas or the proceeds of the sale of oil or gas is not

effective against any purchaser of such oil or gas until written notice of such claim has been

delivered to such purchaser. Such notice must state the name of the claimant, the claimant's

address, the amount for which the lien is claimed, and a description of the leasehold upon which

the lien is claimed. Such notice must be delivered personally to the purchaser or by registered

or certified letter deposited in the United States mails. Until such notice is delivered as above

provided, no such purchaser is liable to the claimant for any oil or gas produced from the

leasehold upon which the lien is claimed or the proceeds thereof except to the extent of such

part of the purchase price of such oil or gas or the proceeds thereof as may be owing by such

purchaser at the time of delivery of such written notice. Such purchaser shall withhold payments

for such oil or gas runs to the extent of the lien amount claimed until delivery of notice in writing

that the claim has been paid.
N.D. Cent. Code § 35-01-30 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-30
35-01-30. Costs and fees on foreclosure - Report of foreclosure required - Filing
Status: in_force

35-01-30. Costs and fees on foreclosure - Report of foreclosure required - Filing

The costs and fees for the foreclosure of a statutory lien on personal property are the same

as are provided in the foreclosure of a security interest in personal property. The person making

the sale shall make a written report of all proceedings in such foreclosure, specifying the

property sold, the amount received therefor, the amount of the costs and expenses itemized,

and the disposition of the proceeds of the sale. The person shall verify the report under oath

and file the same within ten days after the sale in the office of the recorder of the county or

counties where the lien is filed. Such report is prima facie evidence of the facts therein stated.
N.D. Cent. Code § 35-32-04 — ND Code / Title 35 / Chapter 35-32 / Section 35-32-04
35-32-04. Notice to owner and lienholders
Status: in_force

35-32-04. Notice to owner and lienholders

1. The holder of a lien under this chapter who retains possession of the aircraft shall

notify the owner shown on the certificate of registration and each holder of a lien on

the aircraft as shown on the records maintained for that purpose by the federal

aviation administration aircraft registry not later than the thirtieth day after the date or

performance of the last repair or maintenance. This notice must include:

a. The name, address, and telephone number of the holder of the lien under this

chapter.

b. The amount due for repairs or maintenance.

c. A complete description of the aircraft.

d. A statement describing the legal right of the holder of the lien under this chapter

to sell the aircraft at public auction and apply the proceeds to the amount due.

2. The notice must be delivered by registered mail.
N.D. Cent. Code § 35-17-05 — ND Code / Title 35 / Chapter 35-17 / Section 35-17-05
35-17-05. Information to be filed by a lienholder with the secretary of state
Status: repealed

35-17-05. Information to be filed by a lienholder with the secretary of state

Repealed by S.L. 1991, ch. 449, § 21.
N.D. Cent. Code § 35-22-24 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-24
35-22-24. Application for order directing payment of surplus - Notice - Service
Status: in_force

35-22-24. Application for order directing payment of surplus - Notice - Service

A person filing the petition as prescribed in section 35-22-23, after the expiration of thirty

days from the day of sale, may apply to the district court for an order thereon. Notice of the

application must be served either by mail or personally upon each person who has filed a like

petition, upon the mortgagor, the person in actual possession of the property, if any, and upon

every person having an interest in or lien upon the property sold subsequent to the mortgage

foreclosed and whose interest or lien, at the time of the sale, was recorded in the proper office

in the county or counties in which the property sold is situated. The notice must be served at

least eight days before the application. If it is shown to the court by affidavit that service upon

any person required to be served cannot be made with due diligence, notice may be given to

that person in any manner which the court directs.
N.D. Cent. Code § 35-14-03 — ND Code / Title 35 / Chapter 35-14 / Section 35-14-03
35-14-03. Priority of storage lien
Status: in_force

35-14-03. Priority of storage lien

A lien filed under the provisions of this chapter is subject and inferior only to mortgages and

conditional sales contracts properly filed on or before the time when the property covered by the

storage lien came into the possession of the lien claimant.
N.D. Cent. Code § 35-27-16 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-16
35-27-16. Inaccuracies in lien statement
Status: in_force

35-27-16. Inaccuracies in lien statement

A lien given by this chapter is not affected by any inaccuracy in the particulars of the lien,

but, as against all persons except the owner of the property, the lien claimant must be

concluded by the dates therein given, showing the first and last items of the claimant's account.

A lien may not exist for a greater amount than the sum claimed in the lien, nor for any amount, if

it be made to appear that the claimant has knowingly demanded more than is justly due.
N.D. Cent. Code § 35-17-02 — ND Code / Title 35 / Chapter 35-17 / Section 35-17-02
35-17-02. Priority of agister's lien - Notice to holders of prior liens
Status: in_force

35-17-02. Priority of agister's lien - Notice to holders of prior liens

An agister's lien has priority over all other liens on the property for ten days after the receipt

thereof, and thereafter has priority over all other liens on the property if the person to whom the

property is entrusted as provided in this chapter, within such ten days, serves written notice

upon the holders of prior liens that the property has been entrusted for one or more of the

purposes mentioned in section 35-17-01, specifies which purpose, and the name of the person

entrusting the property therefor. If the residence of the holder of the lien is unknown, or if the

holder is not a resident of this state, the notice may be served by publication thereof in one

issue of a newspaper published in the county in which the property is being kept.
N.D. Cent. Code § 35-06-04 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-04
35-06-04. Lien may be pledged
Status: in_force

35-06-04. Lien may be pledged

One who has a lien upon property may pledge it to the extent of that person's lien.
N.D. Cent. Code § 35-27-02 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-02
35-27-02. Persons entitled to construction lien - Notice - Prohibition
Status: in_force

35-27-02. Persons entitled to construction lien - Notice - Prohibition

1. Any person that improves real estate under a contract with the owner of the real estate

or under contract with any agent, trustee, contractor, or subcontractor of the owner,

has a lien upon the improvement and upon the land on which the improvement is

situated or to which the improvement may be removed for the price or value of the

contribution.

2. The amount of the lien is limited to the difference between the price paid by the owner,

trustee, or agent and the price or value of the contribution. If the owner, trustee, or

agent has paid the full price or value of the contribution, no lien is allowed.

3. If the owner, trustee, or agent of the owner has received a valid waiver of lien, signed

by the person that improves the real estate, a lien is not allowed.

4. Any person that extends credit or makes a contract with any agent, trustee, contractor,

or subcontractor of the owner for the improvement of real estate, upon demand, has

the right to request and secure evidence of the legal description of the real estate upon

which the improvement is located, including the name of the legal or equitable owner

of the real estate. Written notice a lien will be claimed must be given to the legal or

equitable owner of the real estate by certified mail at least ten days before the

recording of the construction lien.

5. Notwithstanding any provision in this section, any person that performs labor or

furnishes materials or services under chapter 35-24 is prohibited from claiming or

maintaining a lien under this chapter.
N.D. Cent. Code § 35-22-11 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-11
35-22-11. Certificate of sale - Contents - Recordation within sixty days after sale - Effect of certificate
Status: in_force

35-22-11. Certificate of sale - Contents - Recordation within sixty days after sale -

Effect of certificate.

When any real property is sold by virtue of a power of sale contained in any mortgage, the

officer making the sale immediately shall give to the purchaser a certificate of sale containing all

of the following:

1. A particular description of the real property sold.

2. The price bid for each distinct lot or parcel.

3. The whole price paid.

4. The costs and fees for making the sale.

The certificate must be executed and acknowledged and must be recorded in the office of the

recorder of the county wherein the real property is situated within sixty days after the date of the

sale. The sheriff's certificate, or a copy thereof certified by the recorder, is evidence of the facts

therein recited and contained.
N.D. Cent. Code § 35-20-12 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-12
35-20-12. Housemover's lien
Status: in_force

35-20-12. Housemover's lien

Any housemover having an established place of business within this state, who has

complied with the provisions of title 65 and who moves any building under contract with the legal

owner or possessor thereof, has a lien thereon for the housemover's reasonable charges for

work done and materials furnished until such charges are paid.
N.D. Cent. Code § 35-06-13 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-13
35-06-13. How demand for performance waived
Status: repealed

35-06-13. How demand for performance waived

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-21-01 — ND Code / Title 35 / Chapter 35-21 / Section 35-21-01
35-21-01. Release of lien by undertaking authorized
Status: in_force

35-21-01. Release of lien by undertaking authorized

When any construction lien, garage storage lien, repairman's lien, agricultural processor's

lien, agricultural supplier's lien, unpaid earned insurance premium lien, or miner's lien is filed

against the property of a resident of this state, the property affected may be released by an

undertaking in the manner provided in this chapter.
N.D. Cent. Code § 35-18-04 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-04
35-18-04. Clerk of court - Filing - Record - Fee
Status: in_force

35-18-04. Clerk of court - Filing - Record - Fee

The clerk of the district court with whom the lien statement and proof of service are filed

shall endorse on those filings the date and hour of filing and shall keep a record of all lien

statements filed in the county, and of any orders, or responses relating to any orders, by the

district court. The clerk shall establish and maintain a system for indexing, filing, or recording

which is sufficient to enable users of the records to obtain adequate information. The clerk shall

collect a fee as prescribed in subdivision d of subsection 1 of section 27-05.2-03 for filing and

indexing each lien.
N.D. Cent. Code § 35-22-10 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-10
35-22-10. Mortgagee, assigns, or representatives may purchase
Status: in_force

35-22-10. Mortgagee, assigns, or representatives may purchase

The mortgagee, the mortgagee's assigns, or the legal representatives of any of them, fairly

and in good faith may purchase the premises advertised or any part thereof at the sale.
N.D. Cent. Code § 35-30-01 — ND Code / Title 35 / Chapter 35-30 / Section 35-30-01
35-30-01. Agricultural processor's lien authorized
Status: in_force

35-30-01. Agricultural processor's lien authorized

Any person who processes any crop or agricultural product is entitled to a lien upon the

crop or product processed for the reasonable value of the services performed. A lien taken

pursuant to this section upon anything other than the crop or product processed is void. As used

in this chapter, the term "processor" includes persons threshing, combining, drying, or

harvesting any crop or agricultural product. Except as otherwise provided in this section, the

agricultural processor's lien is effective from the date the processing is completed. An

agricultural processor's lien filed as a security interest created by contract to secure money

advanced or loaned for any purpose is not effective to secure a priority over liens filed under

section 35-05-01. This chapter does not limit the sale, assignment, or transfer of an agricultural

processor's lien. However, the priority of an effective agricultural processor's lien is not

transferable. After sale, assignment, or transfer, the priority of an effective agricultural

processor's lien is to be determined as of the date the lien was filed and in accordance with

section 41-09-33.
N.D. Cent. Code § 35-18-01 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-01
35-18-01. Hospital lien authorized for services to injured persons - Attachment to claims for relief, insurance, and other claims
Status: in_force

35-18-01. Hospital lien authorized for services to injured persons - Attachment to

claims for relief, insurance, and other claims.

Any charitable association, corporation, or other institution maintaining a hospital in this

state is entitled to a lien for the reasonable value of hospitalization services rendered to a

person injured in any accident. The lien attaches to all claims for relief, claims, demands, and

judgments recovered on account of the injuries against persons or corporations liable to the

injured person in tort for damages occasioned by negligence causing the injuries, and attaches

to the proceeds of the settlement of such claims or demands, and to insurance of the tort-feasor

payable by reason of the liability occasioned by such injury, and to any insurance or indemnity

payable to the injured person by any insurer.
N.D. Cent. Code § 35-20-07 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-07
35-20-07. Officer's lien in attachment or execution
Status: in_force

35-20-07. Officer's lien in attachment or execution

An officer who levies an attachment or execution upon personal property acquires a special

lien, dependent on possession, upon the property, which authorizes the officer to hold it until the

process is discharged or satisfied or a judicial sale of the property is had.
N.D. Cent. Code § 35-24-03 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-03
35-24-03. Property subject to lien
Status: in_force

35-24-03. Property subject to lien

1. Liens created under section 35-24-02 extend to:

a. The whole of the leasehold for oil or gas purposes to which the materials or

services were furnished, or for which the labor was performed, and the

appurtenances thereunto belonging; and

b. All materials and fixtures owned by the owner or owners of such leasehold and

used or employed, or furnished to be used or employed in the drilling or operating

of any oil or gas well located thereon; and

c. All oil or gas wells located on such leasehold, and the oil or gas produced

therefrom, and the proceeds thereof inuring to the working interest therein as

such working interest existed on the date such labor was first performed or such

material or services were first furnished; or

d. The whole of the pipeline to which the materials or services were furnished, or for

which labor was performed, and all buildings and appurtenances thereunto

belonging, including, without limiting the generality of the foregoing, gates, valves,

pumps, pump stations, and booster stations, and upon all materials and fixtures

owned by the owner of such pipeline and used or employed or furnished to be

used or employed in the construction thereof.

2. Notwithstanding any provision in this chapter, liens created under section 35-24-02

may not extend to a freehold estate unless that freehold estate is owned by the owner

of any leasehold for oil or gas purposes or any pipeline for which the labor, materials,

or services were supplied.
N.D. Cent. Code § 35-19-01 — ND Code / Title 35 / Chapter 35-19 / Section 35-19-01
35-19-01. Innkeeper's lien authorized
Status: in_force

35-19-01. Innkeeper's lien authorized

The keeper of any inn or hotel or of any tourist camp, whether an individual, a partnership, a

corporation, or a limited liability company, has a lien on the baggage and other property in and

about such inn, hotel, or tourist camp belonging to or under the control of guests or boarders for

the proper charges due from such guests for accommodation, board, and lodging, and for all

money paid for or advanced to them not to exceed the sum of two hundred dollars, and for such

other extras as are furnished at their request. The innkeeper, hotelkeeper, or tourist camp

keeper has the right to detain the baggage and other property until the amount of such charges

is paid, and such baggage and other property is exempt from attachment or execution until such

innkeeper's lien and the cost of satisfying it are paid.
N.D. Cent. Code § 35-01-25 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-25
35-01-25. Assignment, satisfaction, foreclosure of mortgage, judgment, or other lien by heir, legatee, foreign administrator, executor, or guardian
Status: in_force

35-01-25. Assignment, satisfaction, foreclosure of mortgage, judgment, or other lien

by heir, legatee, foreign administrator, executor, or guardian.

A mortgage, judgment, or other lien upon real or personal property may be satisfied,

assigned, or foreclosed by the following persons upon complying with the provisions of this

section:

1. By an executor or administrator appointed in another state or foreign country to

administer the estate of any person owning any such mortgage, judgment, or other

lien, when no executor or administrator of the estate of such person has been

appointed in this state, upon recording or filing an authenticated copy of the person's

letters testamentary or letters of administration in the office in which such mortgage,

judgment, or other lien is recorded or filed.

2. By an heir or legatee of such deceased person, residing within or without the state,

upon recording or filing in the office in which such mortgage, judgment, or other lien is

recorded or filed, an authenticated copy of the judgment or decree of the foreign court

transferring the ownership of such mortgage, judgment, or other lien to such heir or

legatee.

3. By a guardian appointed in another state or foreign country of a person owning any

such mortgage, judgment, or other lien upon real or personal property, upon recording

or filing an authenticated copy of the person's letters of guardianship in the office in

which the mortgage, judgment, or other lien is recorded or filed, together with an

authenticated copy of the judgment or decree of the foreign court transferring the

ownership of such mortgage, judgment, or other lien to the ward, if it has been so

transferred.
N.D. Cent. Code § 35-34-04 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-04
35-34-04. Vessel lien
Status: in_force

35-34-04. Vessel lien

1. In the case of a vessel, the child support agency may establish a lien by filing

electronically a notice of lien in the central indexing system if the value of the vessel is

estimated to be at least twice the cost of establishing the lien. The notice must contain

a description of the make, model designation, and serial number of the vessel,

including its identification or registration number, if any, and the name, social security

number, and last-known address of the obligor. The notice of lien must state that the

child support obligation is past due and that a copy of the notice of lien has been

served on the obligor by first-class mail at the obligor's last-known address.

2. Upon filing of the notice of lien in accordance with this section, the notice of lien must

be indexed in the central indexing system and may be enforced and foreclosed in the

same manner as a security agreement under the provisions of title 41.

3. The secretary of state shall remove and destroy the lien notification statement in the

same manner as provided for other liens in section 11-18-14 for the recorder.

4. A lien under this section is perfected when notice of the lien is filed with the secretary

of state.

5. The child support agency may file electronically an amendment to correct the spelling

of the obligor's name, to correct the obligor's social security number, or to correct or

change the address of the obligor.
N.D. Cent. Code § 35-03-10 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-10
35-03-10. Mortgage for purchase price of real property prior to all liens
Status: in_force

35-03-10. Mortgage for purchase price of real property prior to all liens

A mortgage given for the purchase price of real property at the time of its conveyance has

priority over all other liens created against the purchaser, subject to the operation of the

recording laws.
N.D. Cent. Code § 35-35-03 — ND Code / Title 35 / Chapter 35-35 / Section 35-35-03
35-35-03. Filing officer may reject lien - Filing officer to accept notice of invalid lien - Filing officer not liable
Status: in_force

35-35-03. Filing officer may reject lien - Filing officer to accept notice of invalid lien -

Filing officer not liable.

1. Any filing officer may reject for filing or recording any nonconsensual common-law lien.

2. If a nonconsensual common-law lien has been accepted for filing or recording, the

filing officer shall accept for filing any notice of invalid lien submitted electronically by

the person against whom such a lien was filed or that person's attorney. The notice

must be captioned "Notice of Invalid Lien" and must state the name and address of the

person on whose behalf the notice is filed, the name and address of the lien claimant,

and a clear reference to the document or documents the person believes constitute a

nonconsensual common-law lien. The notice must be filed in such a manner that any

search of the records which reveals the lien the notice refers to will also reveal the

notice of invalid lien. The filing officer shall mail or deliver electronically a copy of the

notice of invalid lien to the lien claimant at the lien claimant's last-known address within

one business day.

3. A filing officer, county, or the state may not be held liable for filing a nonconsensual

common-law lien, or for filing a notice of invalid lien pursuant to this section.

4. A fee may not be charged for the filing of a notice of invalid lien against a filed

nonconsensual common-law lien.
N.D. Cent. Code § 35-06-22 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-22
35-06-22. Sale before debt is due - Retention of proceeds
Status: repealed

35-06-22. Sale before debt is due - Retention of proceeds

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-03-17 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-17
35-03-17. Collateral real estate mortgages
Status: in_force

35-03-17. Collateral real estate mortgages

A mortgage which contains the following statement in printed or typed capital letters: "THE

PARTIES AGREE THAT THIS MORTGAGE CONSTITUTES A COLLATERAL REAL ESTATE

MORTGAGE PURSUANT TO NORTH DAKOTA CENTURY CODE CHAPTER 35-03" is subject

to the provisions of this section. A mortgage executed pursuant to this section must be entitled

in printed or typed capital letters: "MORTGAGE - COLLATERAL REAL ESTATE MORTGAGE".

A mortgage made pursuant to this section, notwithstanding the fact that from time to time during

the term thereof no indebtedness is due from the mortgagor to the mortgagee, constitutes a

continuing lien against the real property covered thereby for the amount stated in the mortgage.

Any sums not exceeding the face amount of the mortgage, together with interest thereon as

provided in the instrument secured by the mortgage, advanced by the mortgagee during the

term of the mortgage have a lien priority as of the date the mortgage was filed. At any time the

indebtedness due the mortgagee is zero, the mortgagor may demand in writing that the

mortgage be satisfied, and the mortgagee shall within ten days thereafter execute and record a

satisfaction thereof. Collateral real estate mortgages may be used to secure commercial,

agricultural, or consumer loans or lines of credit including, but not limited to, revolving notes and

credits and overdraft checking plans.

A filed collateral real estate mortgage which states a maturity date of the instrument secured

thereby of five years or less is effective until such maturity date and thereafter for a period of

sixty days. Any other filed collateral real estate mortgage is effective for a period of five years

from the date of filing and thereafter for a period of sixty days. A filed collateral real estate

mortgage which states that the instrument secured thereby is payable on demand is effective for

five years from the date of filing and thereafter for a period of sixty days. The effectiveness of a

filed collateral real estate mortgage lapses upon the expiration of the sixty-day period unless an

addendum to the collateral real estate mortgage extending its effective date is filed prior to the

lapse. If a filed collateral real estate mortgage exists at the time insolvency proceedings are

commenced by or against the debtor, the mortgage remains effective until sixty days after

termination of the insolvency proceeding or until expiration of the five-year period, whichever

occurs later. Upon such lapse, the lien created by the collateral real estate mortgage terminates.

An addendum continuing the effectiveness of the lien of the collateral real estate mortgage may

be filed by the mortgagee:

1. Within six months before and sixty days after a stated maturity date of five years or

less; and

2. Otherwise within six months before and sixty days after the expiration of the five-year

effective date period.

An addendum to a collateral real estate mortgage for the sole purpose of continuing the

effectiveness of its lien need be signed only by the mortgagee. Upon the timely filing of such an

addendum to a collateral real estate mortgage, the effectiveness of the collateral real estate

mortgage will be continued for five years after the stated maturity date in those instances in

which the original collateral real estate mortgage provided a maturity date or for five years after

the expiration of the five-year period whereupon it lapses in the same manner as provided

above unless another addendum to the collateral real estate mortgage continuing the

effectiveness of its lien is filed prior to such lapse. Succeeding addendums to collateral real

estate mortgages may be filed in the same manner to continue the effectiveness of the lien of

the collateral real estate mortgage.
N.D. Cent. Code § 35-01-28 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-28
35-01-28. Discharge of statutory lien on personal property must be filed - Penalty
Status: in_force

35-01-28. Discharge of statutory lien on personal property must be filed - Penalty

When a statutory lien on personal property has been satisfied, the holder of the lien, within

thirty days after satisfaction, shall cause a certificate of discharge to be transmitted to the

recorder or the clerk of court of the county where such lien is filed. Such satisfaction must be

filed and entered by the recorder or clerk of court without fee or charge. Every person, firm,

corporation, or limited liability company failing to comply with the provisions of this section is

liable to the owner of such property for the damages sustained by reason of such failure and

exemplary damages of ten dollars for each and every satisfaction not transmitted.
N.D. Cent. Code § 35-24-20 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-20
35-24-20. Personal action
Status: in_force

35-24-20. Personal action

Nothing in this chapter may be construed to impair or affect the right of any person to whom

any debt may be due for work performed or materials or services furnished to maintain a

personal action against the person liable for such debt.
N.D. Cent. Code § 35-20-11 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-11
35-20-11. Lien for repair, protection, improvement, safekeeping, or carriage of personalty
Status: in_force

35-20-11. Lien for repair, protection, improvement, safekeeping, or carriage of

personalty.

Every person, excepting those entitled to a specific lien under other chapters of this title,

who, while lawfully in possession of an article of personal property, renders any service to the

owner thereof by labor or skill employed for the repair, protection, improvement, safekeeping, or

carriage thereof has a special lien thereon, dependent on possession, for the compensation, if

any, which is due to the person from the owner for such service. In addition to other remedies

available for the enforcement of liens, the holder of such special lien may foreclose the same

and acquire ownership of such article of personal property, provided the holder of such a special

lien has obtained the address of the owner at the time such article was left, by causing a notice

of intention to foreclose such special lien to be sent to the owner thereof, by registered or

certified mail, to the address obtained from such owner at the time such article is left, which

notice shall be in substantially the following form:

To __________, owner of (describe the article upon which lien is claimed.)

You are hereby notified that the undersigned claims a special lien upon the

above-described article by virtue of section 35-20-11, and hereby further advises you of the

undersigned's intention to foreclose such special lien and acquire ownership of such article,

unless the sum of (insert amount claimed) is paid within sixty days from the date hereof; or

unless you shall notify the undersigned within such period of your election to challenge the

amount claimed due for services rendered thereon.

Dated

(Party claiming lien)

If, at the expiration of sixty days from the date of mailing such notice, payment has not been

received of the amount claimed to be due, or an election to challenge the amount due has been

received, the lien claimant is deemed to have succeeded to ownership of the article of personal

property upon which the special possessory lien is claimed.

If the owner of such property causes an election to challenge the amount claimed to be

delivered to the lienholder, then the summary foreclosure procedure set out herein is not

available to the lien claimant; and the lien must be foreclosed by action.
N.D. Cent. Code § 35-32-01 — ND Code / Title 35 / Chapter 35-32 / Section 35-32-01
35-32-01. Aircraft repair and maintenance lien authorized
Status: in_force

35-32-01. Aircraft repair and maintenance lien authorized

Any person who repairs or performs maintenance work on an aircraft has a lien on the

aircraft for:

1. The amount due under a contract for the repairs or maintenance work; or

2. If no amount is specified by contract, the reasonable and usual compensation for the

repairs or maintenance work.
N.D. Cent. Code § 35-05-03 — ND Code / Title 35 / Chapter 35-05 / Section 35-05-03
35-05-03. Bills of sale and transfers circumventing crop mortgage law prohibited - Presumption - Penalty
Status: in_force

35-05-03. Bills of sale and transfers circumventing crop mortgage law prohibited -

Presumption - Penalty.

No person may solicit or procure bills of sale or transfers of whatever nature for the purpose

of obtaining title to or liens upon growing crops in circumvention of section 35-05-01, and any

such bill of sale or transfer is void. Any such bill of sale or transfer relating to growing crops is

presumed to be in violation of this section. Any person who violates the provisions of this section

is guilty of an infraction.
N.D. Cent. Code § 35-34-07 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-07
35-34-07. Priority of liens
Status: in_force

35-34-07. Priority of liens

A lien perfected under this chapter may not be subordinate to any other lien except a lien

that was perfected before the child support lien was perfected. The child support agency may,

upon request of the obligor, subordinate the child support lien.
N.D. Cent. Code § 35-03-02 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-02
35-03-02. Acknowledgment, certification, and recordation
Status: in_force

35-03-02. Acknowledgment, certification, and recordation

Mortgages of real property may be acknowledged or proved, certified, and recorded in like

manner and with like effect as grants of real property.
N.D. Cent. Code § 35-36-07 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-07
35-36-07. Liability of owner
Status: in_force

35-36-07. Liability of owner

If the owner complies with this chapter, the owner's liability to the lessee is limited to the

application of the proceeds received from the sale of the property necessary to satisfy the lien.

The owner's liability to other lienholders is limited to the proceeds received from the sale of any

property covered by the other lien, less the amount necessary to satisfy the owner's lien.
N.D. Cent. Code § 35-32-02 — ND Code / Title 35 / Chapter 35-32 / Section 35-32-02
35-32-02. Possession of aircraft
Status: in_force

35-32-02. Possession of aircraft

1. A holder of a lien under this chapter may retain possession of the aircraft subject to the

lien until the amount due is paid.

2. Except as provided in subsection 3, if the holder of a lien under this chapter

relinquishes possession of the aircraft before the amount due is paid, that person may

retake possession of the aircraft as provided by section 41-09-106.

3. The holder of a lien under this chapter may not retake possession of the aircraft from a

bona fide purchaser for value who, before the date the lien is recorded under section

35-32-03, purchases the aircraft without knowledge of the lien.
N.D. Cent. Code § 35-27-24 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-24
35-27-24. Action to enforce construction lien - Notice of - Deficiency judgment
Status: in_force

35-27-24. Action to enforce construction lien - Notice of - Deficiency judgment

Any person having a lien by virtue of this chapter may bring an action to enforce the lien in

the district court of the county in which the property is situated. Any number of persons claiming

liens against the same property may join in the action and when separate actions are

commenced the court may consolidate the actions. Before a lienholder may enforce a lien, the

lienholder shall give written notice of the lienholder's intention so to do, which notice must be

given by personal service upon the legal or equitable owner of the property affected at least ten

days before an action to enforce the lien is commenced, or by registered mail directed to the

owner's last-known address at least twenty days before the action is commenced. The judgment

may direct that if a deficiency remains after the sale of the real property subject to the lien an

execution may issue for the deficiency.
N.D. Cent. Code § 35-34-09 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-09
35-34-09. Immunity from liability
Status: in_force

35-34-09. Immunity from liability

A person in possession of, or obligated with respect to, property, who, upon demand of the

child support agency, surrenders the property, complies with section 35-34-12, or otherwise acts

in good faith to comply with the requirements in this chapter, discharges its obligation to the

obligor with regard to the property and is immune from suit or any liability under any federal or

state law. The court shall award reasonable attorney's fees and costs against any person who

commences an action that is subsequently dismissed by reason of the immunity granted by this

section.
N.D. Cent. Code § 35-34-03 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-03
35-34-03. Vehicle lien
Status: in_force

35-34-03. Vehicle lien

1. In the case of a vehicle, the child support agency may file a notice of lien with the

director of the department of transportation. The notice must be in a form prescribed

by the director and contain a description of the vehicle, the name and last-known

address of the obligor, and any other information required by the director. The notice of

lien must state that the child support obligation is past due and that a copy of the

notice of lien has been served on the obligor by first-class mail at the obligor's

last-known address.

2. Upon filing of the notice of lien in accordance with this section, the director shall

demand in writing the surrender of the certificate of title from the obligor or a superior

lienholder for the purpose of recording the lien on the certificate of title. Upon receipt of

the certificate of title, the director shall record the fact of the lien and the identity of the

lienholder on the certificate of title and deliver the certificate of title to the vehicle's

owner or, if a superior lienholder had possession of the certificate of title, to that

superior lienholder. If the obligor or superior lienholder fails to surrender the certificate

of title within fifteen days after the written demand by the director, the director shall

notify the child support agency seeking the lien.

3. Upon receipt of notice from the director that the obligor or superior lienholder has not

responded to the demand for surrender of a title certificate, the child support agency

may obtain an order from a court of competent jurisdiction requiring the certificate of

title to be delivered to the court so that a lien may be properly recorded.

4. No fee may be charged by the director for services provided under this section.

5. The director may determine a certificate of title to have been fraudulently procured if

endorsed by a previous owner who, at the time the endorsement was made, was an

obligor who owed past-due child support.
N.D. Cent. Code § 35-06-09 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-09
35-06-09. Exoneration of pledgeholder
Status: in_force

35-06-09. Exoneration of pledgeholder

A pledgeholder for reward cannot exonerate the pledgeholder from the pledgeholder's

undertaking, and a gratuitous pledgeholder can do so only by giving reasonable notice to the

pledgor and pledgee to appoint a new pledgeholder, and in case of their failure to agree, by

depositing the property pledged with some impartial person who then will be entitled to a

reasonable compensation for that person's care of the same.
N.D. Cent. Code § 35-27-05 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-05
35-27-05. Notice of intention to claim lien - Recordation
Status: repealed

35-27-05. Notice of intention to claim lien - Recordation

Repealed by S.L. 2009, ch. 293, § 16.
N.D. Cent. Code § 35-37-03 — ND Code / Title 35 / Chapter 35-37 / Section 35-37-03
35-37-03. Validity of lien
Status: in_force

35-37-03. Validity of lien

The validity of the security interest and lien granted to an interest owner under this chapter

is not dependent upon possession of the oil or gas by an interest owner or operator and a

security interest or lien does not become or may not be deemed to be void or expired by reason

of a change or transfer of the actual or constructive possession or title of the oil or gas from the

interest owner or an operator to a first purchaser or purchaser.
N.D. Cent. Code § 35-31-06 — ND Code / Title 35 / Chapter 35-31 / Section 35-31-06
35-31-06. Fees - Penalty
Status: in_force

35-31-06. Fees - Penalty

The fee for filing an agricultural supplier's lien and related documents in the central notice

system is the same as that provided for in section 41-09-96. If a lienholder fails to file a

termination statement within sixty days after the lien has been satisfied, the lienholder is liable to

the debtor for one hundred dollars.
N.D. Cent. Code § 35-35-06 — ND Code / Title 35 / Chapter 35-35 / Section 35-35-06
35-35-06. Liability for submitting certain documents for filing - Penalty
Status: in_force

35-35-06. Liability for submitting certain documents for filing - Penalty

Any person who submits for filing or recording to the office of a filing officer any document

purporting to create a nonconsensual common-law lien against real or personal property is

liable to the person against whom the lien is claimed for actual damages or one thousand

dollars, whichever is greater, plus costs and reasonable attorney's fees. These damages and

costs may be awarded in any action brought under section 35-35-04 or 35-35-05 or in a

separate action for damages.
N.D. Cent. Code § 35-34-10 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-10
35-34-10. Action to enforce lien
Status: in_force

35-34-10. Action to enforce lien

In any case in which there has been a refusal or neglect to pay child support, the child

support agency, in addition to any other relief, may enforce a lien arising under this chapter by

demanding in writing the surrender of the property, issuing an execution under chapter 28-21, or

serving a deduction order under section 50-09-35. The child support agency also may file an

action in any court of competent jurisdiction to enforce a lien under this chapter. The filing of an

action does not preclude the child support agency from pursuit of any other means of

enforcement available under state or federal law. A person in possession of, or obligated with

respect to, property that is subject to a lien under this chapter is subject to the same duties and

liabilities as an income payer under section 14-09-09.3 unless the context indicates otherwise.
N.D. Cent. Code § 35-18-10 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-10
35-18-10. Workforce safety and insurance excepted from application of chapter
Status: in_force

35-18-10. Workforce safety and insurance excepted from application of chapter

The provisions of this chapter do not apply to any money paid or payable under title 65.
N.D. Cent. Code § 35-06-05 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-05
35-06-05. Pledge by apparent owner - Effect - Estoppel of actual owner
Status: in_force

35-06-05. Pledge by apparent owner - Effect - Estoppel of actual owner

One who has allowed another to assume the apparent ownership of property for the

purpose of making any transfer of it cannot set up that person's own title to defeat a pledge of

the property made by the other to a pledgee who received the property in good faith in the

ordinary course of business and for value.
N.D. Cent. Code § 35-06-21 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-21
35-06-21. Sale - Application of proceeds
Status: repealed

35-06-21. Sale - Application of proceeds

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-13-01 — ND Code / Title 35 / Chapter 35-13 / Section 35-13-01
35-13-01. Repairman's lien authorized
Status: in_force

35-13-01. Repairman's lien authorized

Any blacksmith, machinist, farm equipment dealer, construction equipment dealer, welder,

garage keeper, mechanic, or aviation operator, having an established place of business in this

state who makes, alters, or repairs any automobile, truck, engine, combine, tractor, farm

equipment, construction equipment, well machine, aircraft, or watercraft at the request of the

owner or legal possessor of the property has a lien on that property, and on any accessories

and parts placed upon the property, for reasonable charges for work done, materials furnished,

storage fees, and transportation costs, until the charges are paid. If the cost of repair would

exceed six thousand dollars or thirty percent or, fifteen thousand dollars or thirty percent for

property used for agricultural or construction purposes, of the value of the property, in the

property's repaired condition, whichever is greater, and the repairman intends to have the entire

repair bill constitute a lien with priority over any liens of record, the repairman shall give notice

by registered or certified mail to the lienholders of record of the proposed repair, the estimated

cost of repair, and the estimated value of the property in its repaired condition. Storage fees

under this chapter may not begin to accrue until fifteen days after the owner is requested to take

possession of the property.
N.D. Cent. Code § 35-06-15 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-15
35-06-15. Waiver of notice of sale
Status: repealed

35-06-15. Waiver of notice of sale

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-34-01 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-01
35-34-01. Definitions
Status: in_force

35-34-01. Definitions

For purposes of this chapter:

1. "Account" has the meaning provided in section 50-09-01.

2. "Child support" has the meaning provided in section 14-09-09.10.

3. "Child support agency" has the meaning provided in section 14-09-09.10.

4. "Financial institution" has the meaning provided in section 50-09-01.

5. "Obligee" has the meaning provided in section 14-09-09.10.

6. "Obligor" has the meaning provided in section 14-09-09.10.

7. "Past-due support" has the meaning provided in section 14-09-09.10.

8. "Vehicle" has the meaning provided in section 39-01-01.

9. "Vessel" has the meaning provided in section 20.1-01-02.
N.D. Cent. Code § 35-06-11 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-11
35-06-11. Pledge enforced - Sale when performance due
Status: in_force

35-06-11. Pledge enforced - Sale when performance due

When performance of the act for which a pledge is given is due in whole or in part, the

pledgee may collect what is due the pledgee by a sale of the property pledged, subject to the

rules and exceptions prescribed in this chapter and in sections 41-09-98 through 41-09-123.
N.D. Cent. Code § 35-30-03 — ND Code / Title 35 / Chapter 35-30 / Section 35-30-03
35-30-03. Priority
Status: in_force

35-30-03. Priority

An agricultural processor's lien obtained under this chapter has priority, as to the crops or

agricultural products covered thereby, over all other liens or encumbrances.
N.D. Cent. Code § 35-37-06 — ND Code / Title 35 / Chapter 35-37 / Section 35-37-06
35-37-06. Expiration of lien - Enforcement - Joinder and consolidation - Costs - Personal actions - Other rights and remedies
Status: in_force

35-37-06. Expiration of lien - Enforcement - Joinder and consolidation - Costs -

Personal actions - Other rights and remedies.

1. The security interest and lien granted to an interest owner follow the oil and gas

unpaid for or the proceeds of the oil or gas if the oil or gas has been sold. The security

interest and lien expire one year after the date of the filing of the notice of lien unless

proper action to enforce the lien is commenced within such time in the district court of

the county in which the well is located, or wherever the oil or gas unpaid for or the

proceeds of oil or gas sold may be found. Persons claiming security interests and liens

with respect to the oil or gas from the same well may join in the same action, and

where separate actions are commenced the court may consolidate them. The court

may allow as part of the costs of the action moneys paid for filing and recording

instruments and reasonable attorney's fees for the prevailing party. If an action is

commenced after the filing of a lien, the lien is considered a lien upon the oil or gas

severed, or the proceeds of sale if the oil or gas has been sold, to the extent of the

interest of the claimant, for payment of the amount due the claimant and the security

interest and lien of the claimant may be enforced in the manner provided by law.

2. This chapter does not impair or affect the right of a person to whom a debt may be due

to maintain a personal action to recover the debt against the person liable for payment

of the debt.

3. This chapter does not impair or affect the rights, priorities, or remedies of a person

under the Uniform Commercial Code and this chapter is cumulative to and not a

limitation on or a substitution for any rights or remedies otherwise provided by law to a

creditor against the creditor's debtor.
N.D. Cent. Code § 35-37-01 — ND Code / Title 35 / Chapter 35-37 / Section 35-37-01
35-37-01. Definitions
Status: in_force

35-37-01. Definitions

As used in this chapter:

1. "First purchaser" means the first person who purchases oil or gas from an interest

owner at or after the time the oil or gas is severed.

2. "Interest owner" means a person owning an entire or fractional interest of any kind or

nature in the oil or gas at the time it is severed, or a person who has a right, either

express or implied, to receive a monetary payment determined by the value of the oil

or gas severed.

3. "Operator" means a person engaged in the severance of oil or gas.

4. "Purchaser" means a person who purchases oil or gas from a first purchaser.

5. "Severed" means the taking, extraction, or production from the land of oil or gas in any

manner.
N.D. Cent. Code § 35-22-01 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-01
35-22-01. Foreclosure under power of sale - Prohibition - Exception
Status: in_force

35-22-01. Foreclosure under power of sale - Prohibition - Exception

Every mortgage of real property held by the state or any of its agencies, departments, or

instrumentalities, containing a power of sale, upon default being made in the conditions of such

mortgage, may be foreclosed by advertisement in the manner provided by law. No other

mortgage of real property shall be so foreclosed, but must be foreclosed by action.
N.D. Cent. Code § 35-05-01 — ND Code / Title 35 / Chapter 35-05 / Section 35-05-01
35-05-01. Security agreement on crops prohibited - Exceptions
Status: in_force

35-05-01. Security agreement on crops prohibited - Exceptions

Security interests in growing and unharvested crops are prohibited, and any security

agreement purporting to create a security interest therein is void. The provisions of this section

do not apply to any security interest or lien in favor of the United States, this state, any county,

or any department or agency of any of them, including the Bank of North Dakota, nor to any

financial institution as defined by section 6-01-02 or 21-04-01, nor to any agricultural

cooperative or agricultural lending agency, nor to any security interest created by contract to

secure money advanced or loaned for the purpose of paying government crop insurance

premiums or to secure the purchase price or the rental or improvement of the land upon which

the crops covered by the contract are to be grown.
N.D. Cent. Code § 35-24-18 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-18
35-24-18. Sale pursuant to foreclosure
Status: in_force

35-24-18. Sale pursuant to foreclosure

In all cases when judgment may be rendered in favor of any person to enforce a lien under

the provisions of this chapter, the leasehold, pipeline, or other property must be ordered to be

sold as in other cases of sales of real estate or chattels, whichever may apply.
N.D. Cent. Code § 35-24-21 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-21
35-24-21. Waivers
Status: in_force

35-24-21. Waivers

The taking of any note or any additional security by any person given a lien by this chapter

does not constitute a waiver of the lien unless made a waiver by express agreement of the

parties in writing. The claiming of a lien under this chapter does not constitute a waiver of any

other right or security held by the claimant unless made a waiver by express agreement of the

parties in writing.
N.D. Cent. Code § 35-30-06 — ND Code / Title 35 / Chapter 35-30 / Section 35-30-06
35-30-06. Fees - Penalty
Status: in_force

35-30-06. Fees - Penalty

The fee for filing electronically an agricultural processor's lien and related documents in the

central indexing system is the same as that provided for in section 41-09-96. If a lienholder fails

to file a termination statement within sixty days after the lien has been satisfied, the lienholder is

liable to the debtor for one hundred dollars.
N.D. Cent. Code § 35-06-07 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-07
35-06-07. Pledgeholder defined - Duties
Status: in_force

35-06-07. Pledgeholder defined - Duties

A pledgor and pledgee may agree upon a third person with whom to deposit the property

pledged who, if the third person accepts the deposit, is called a pledgeholder, and the third

person must enforce all the rights of the pledgee unless authorized by the pledgee to waive

them.
N.D. Cent. Code § 35-36-02 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-02
35-36-02. Lien against property
Status: in_force

35-36-02. Lien against property

The owner of a portable storage unit has a lien on all personal property stored under a

rental agreement in a portable storage unit for rent, labor, and other charges, and for expenses

reasonably incurred in the sale or other disposition of the property under law. This lien is

superior to other security interests except those perfected before the date the lien attaches. The

lien attaches upon default by the occupant as stated in the notice of default served on the

occupant as provided in this chapter.
N.D. Cent. Code § 35-13-02 — ND Code / Title 35 / Chapter 35-13 / Section 35-13-02
35-13-02. Lien statement - Contents - When required - Filing
Status: in_force

35-13-02. Lien statement - Contents - When required - Filing

1. The secretary of state shall prescribe an electronic system that can be used to obtain

a lien under this section and also be entered in the central indexing system. A person

entitled to a lien under this chapter who retains possession of the property made,

altered, or repaired is not required to file any statement to perfect the lien. If the

possession of the property so made, altered, or repaired is relinquished, the person

shall file electronically, within ninety days, or if the property is used for agricultural

purposes within one hundred twenty days, or in the exploration for or the production of

oil or gas within six months, after the materials are furnished or the labor is completed,

in the central indexing system, a statement showing:

a. The labor performed.

b. The materials furnished.

c. The price agreed upon for the labor performed or materials furnished, or, if no

price was agreed upon, the reasonable value thereof.

d. The name and address of the person for whom the labor was performed or to

whom the materials were furnished.

e. The social security number or, in the case of a debtor doing business other than

as an individual, the internal revenue service taxpayer identification number of the

person for whom the labor was performed or to whom the materials were

furnished.

f. The name and address of the person claiming the lien.

g. A description of the property upon which the lien is claimed.

2. A person filing a statement shall within thirty days serve notice of the filing, by

registered mail, upon the owner or legal possessor of the property. A person entitled to

the lien who fails to file a statement within the time limited in this section is deemed to

have waived the right to a lien.

3. A lienholder may file electronically an amendment to add or correct the social security

number or internal revenue service taxpayer identification number of the debtor, to

correct the spelling of the debtor's or lienholder's name, or to correct or change the

address of the debtor or lienholder. The secretary of state shall provide a means to

amend electronically the repairman's lien that has been filed pursuant to this section.

The amendment of the lien does not affect the priority of the lien.
N.D. Cent. Code § 35-14-02 — ND Code / Title 35 / Chapter 35-14 / Section 35-14-02
35-14-02. Lien may be perfected notwithstanding surrender of possession
Status: in_force

35-14-02. Lien may be perfected notwithstanding surrender of possession

Notwithstanding a voluntary surrender of a motor vehicle or any part thereof upon which a

lien for storage is claimed, the person who stored the vehicle has a lien thereon for the person's

reasonable or agreed storage charges if at any time within sixty days after the surrender of

possession the person shall file in the office of the recorder of the county in which the owner of

the vehicle resides, or if the owner is not a resident of the state, in the county where the

property was stored, a statement containing all of the following:

1. The name and the post-office address of the lien claimant.

2. The name of the person requesting the storing or keeping of the motor vehicle.

3. The name of the owner of the vehicle, if known.

4. An itemized account of the charges for which the lien is claimed.

5. A description of the property upon which the lien is claimed.
N.D. Cent. Code § 35-21-03 — ND Code / Title 35 / Chapter 35-21 / Section 35-21-03
35-21-03. Application, affidavit, undertaking, and notice of time to except sureties served on lien claimant
Status: in_force

35-21-03. Application, affidavit, undertaking, and notice of time to except sureties

served on lien claimant.

A copy of the application for release of lien by undertaking, the affidavit, and the

undertaking, together with a notice of when exception to the sureties must be made, must be

served on the lien claimant or on the claimant's agent or attorney personally or by registered

mail. Proof of personal service must be made in the manner required for proof of service of a

summons in a civil action.
N.D. Cent. Code § 35-20-15 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-15
35-20-15. Lien for unpaid earned property or casualty insurance premiums
Status: in_force

35-20-15. Lien for unpaid earned property or casualty insurance premiums

An insurance agent, insurance broker, or surplus lines insurance broker licensed to do

business in this state, upon filing the statement provided for in section 35-20-16, has a lien on

the covered property for the amount of any unpaid earned property or casualty insurance

premium.
N.D. Cent. Code § 35-03-13 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-13
35-03-13. Discharge of real estate mortgage not renewed or extended of record
Status: repealed

35-03-13. Discharge of real estate mortgage not renewed or extended of record

Repealed by S.L. 1963, ch. 256, § 4.
N.D. Cent. Code § 35-01-14 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-14
35-01-14. Priority according to date of creation
Status: in_force

35-01-14. Priority according to date of creation

Other things being equal, different liens upon the same property have priority according to

the time of their creation.
N.D. Cent. Code § 35-22-05 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-05
35-22-05. Foreclosure for installments - Separate proceedings - Redemption
Status: in_force

35-22-05. Foreclosure for installments - Separate proceedings - Redemption

If a mortgage is given to secure the payment of money by installments, each of the

installments mentioned in the mortgage must be taken and deemed to be a separate and

independent mortgage, and the mortgage for each of the installments may be foreclosed in the

same manner and with like effect as if a separate mortgage were given for each of the

installments, and a redemption from any such sale has the same effect as if the sale for the

installment had been made upon a prior independent mortgage.
N.D. Cent. Code § 35-24-22 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-22
35-24-22. Assignment of liens and actions
Status: in_force

35-24-22. Assignment of liens and actions

All claims for liens and likewise all actions to recover therefor under this chapter are

assignable so as to vest in the assignee all rights and remedies herein given subject to all

defenses thereto that might be raised if such assignment had not been made. When a

statement of lien has been filed as herein provided, such assignment may be made by an

instrument in writing filed with the recorder.
N.D. Cent. Code § 35-33-02 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-02
35-33-02. Lien against property - Value limit - Late fee
Status: in_force

35-33-02. Lien against property - Value limit - Late fee

1. The owner of a self-service storage facility has a lien on all personal property stored

under a rental agreement in a storage space at the self-service storage facility for rent,

labor, late fees, and other charges, and for expenses reasonably incurred in the sale

or other disposition of the property under law. This lien is superior to other security

interests except those perfected before the date the lien attaches. The lien attaches

upon default by the occupant as stated in the notice of default delivered to the

occupant as provided in this chapter.

2. If the rental agreement specifies a limit on the value of personal property the occupant

may store in the storage space, the limit is deemed to be the maximum value of the

personal property in the occupant's storage space.

3. The owner of a self-service storage facility may charge a late fee of twenty dollars or

twenty percent of a delinquent monthly rent payment due under the rental agreement,

whichever is greater, for each delinquent payment of rent, fees, or other charges due

under the rental agreement.
N.D. Cent. Code § 35-27-27 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-27
35-27-27. Assignment of claims
Status: in_force

35-27-27. Assignment of claims

Any claim for which a lien may be or has been filed and the right to recover therefor under

the provisions of this chapter may be assigned by an instrument in writing. Such assignment

vests in the assignee all rights and remedies herein given, subject to all defenses that might

have been interposed if such assignment had not been made.
N.D. Cent. Code § 35-20-05 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-05
35-20-05. Vendor's lien on personalty - Dependent on possession - Enforced as pledge
Status: in_force

35-20-05. Vendor's lien on personalty - Dependent on possession - Enforced as

pledge.

One who sells personal property has a special lien thereon, dependent on possession, for

its price, if it is in that person's possession when the price becomes payable, and may enforce

that person's lien in like manner as if the property was pledged to that person for the price.
N.D. Cent. Code § 35-18-07 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-07
35-18-07. Judgment for damages to contain reference to lien - Proceeds of judgment applied on lien or deposited
Status: in_force

35-18-07. Judgment for damages to contain reference to lien - Proceeds of judgment

applied on lien or deposited.

Upon the trial of any action for damages for personal injuries wherein it appears at the trial

that services were rendered in hospitalization of the injured person, the court before whom the

action is tried shall require the clerk of the district court to search the records for information as

to whether a lien has been filed, and if a lien has been filed, mention of that fact and a statement

of the amount claimed must be made in the judgment. If the parties to the action admit the facts

set forth in any lien described in the judgment, and the judgment is collected under execution,

an amount equal to the amount claimed in the lien must be deposited with the clerk of the

district court for the payment of the lien when the execution is returned. If the lien is contested,

the deposit must be held to abide the final event of an action to enforce the lien, which action

must be brought by the hospital or the institution within sixty days after a demand therefor is

made by any of the parties interested.
N.D. Cent. Code § 35-33-01 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-01
35-33-01. Definitions
Status: in_force

35-33-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Default" means failure of the occupant to perform any obligation or duty at the time

and in the manner set forth in the rental agreement or under this chapter.

2. "Last-known address" means the postal or electronic mail address provided by the

occupant in the latest rental agreement or the postal or electronic mail address

provided by the occupant in a subsequent written notice of a change of address.

3. "Occupant" means the person who rents storage space at a self-service storage

facility under a rental agreement, or a sublessee, successor, or assignee.

4. "Owner" means any person who owns, leases, subleases, manages, or operates a

self-service storage facility, or the owner's designee, who receives rent from an

occupant under a rental agreement.

5. "Personal property" means movable property not affixed to land, including

merchandise and household goods.

6. "Rental agreement" means a written agreement between the owner and the occupant

which establishes or modifies the terms and conditions of the occupant's use of

storage space at a self-service storage facility.

7. "Self-service storage facility" means any real property used for renting or leasing

individual storage spaces in which occupants customarily store and remove their

personal property. The term does not include a garage used principally for parking

motor vehicles; any property of a financial institution which contains vaults, safe

deposit boxes, or other receptacles for the purposes and benefits of the financial

institution's customers; or a warehouse or a public warehouse where warehouse

receipts, bills of lading, or other documents of title are issued for the personal property

stored.

8. "Storage space" means an individual space at a self-service storage facility which is

rented or leased by an occupant under a rental agreement.

9. "Verified mail" means any method of mailing offered by the United States postal

service or a private delivery service which includes evidence of mailing.
N.D. Cent. Code § 35-20-17 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-17
35-20-17. Landlord's mobile home lien - Penalty
Status: in_force

35-20-17. Landlord's mobile home lien - Penalty

1. A landlord of a mobile home lot has a lien for accrued rents, storage, and removal

relating to any mobile home left on the lot after the tenant has vacated the premises

after an eviction or the expiration of the lease term. A lien under this section does not

have priority over a prior perfected security interest in the property. A holder of a lien

under this section may retain possession of the mobile home subject to the lien until

the amount due is paid.

2. For the lien or subsequent title obtained by the lienholder to be valid against a

good-faith purchaser, the landlord shall post a signed and dated notice of the lien on

the primary entrance to the mobile home. An individual who without authorization from

the landlord willfully removes the notice is guilty of a class B misdemeanor. The notice

of lien must contain the name and last-known address of the owner of the mobile

home, the name and post-office address of the lien claimant, the amount of the lien, a

description of the location and type of mobile home, and a recitation of the penalty

provisions of this section.

3. A lienholder may sell a mobile home thirty days after the lienholder mails notice of the

lien to the owner of the mobile home and secured parties of record. After the sale, the

lienholder shall forward to the former owner any money resulting from the sale of the

mobile home in excess of the amount owed to the lienholder for accrued rents,

storage, and removal relating to the mobile home. If the location of the former mobile

home owner is not known, any money from a sale in excess of the amount owed is

presumed abandoned under chapter 47-30.2.
N.D. Cent. Code § 35-29-01 — ND Code / Title 35 / Chapter 35-29 / Section 35-29-01
35-29-01. Scope
Status: in_force

35-29-01. Scope

This chapter applies only to federal tax liens and to other federal liens notices of which

under any act of Congress or any regulation adopted pursuant thereto are required or permitted

to be filed in the same manner as notices of federal tax liens.
N.D. Cent. Code § 35-20-13 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-13
35-20-13. Lien statement for housemover's lien - When required - Contents - Filing - Enforcement - Requiring suit to be commenced
Status: in_force

35-20-13. Lien statement for housemover's lien - When required - Contents - Filing -

Enforcement - Requiring suit to be commenced.

The lien provided for in section 35-20-12 must be perfected within ninety days after such

moving is completed by recording a verified statement showing all of the following:

1. The labor performed and the materials furnished.

2. The price agreed upon, or if no price was agreed upon, the reasonable value of the

work done and the materials furnished.

3. The name of the person for whom the work was performed.

4. A description of the building moved and the description of the land upon which the

building is located.

Such statement must be recorded in the office of the recorder of the county in which such

building remains after moving. Unless such statement is recorded as aforesaid, any lien

hereunder is deemed to be lost and waived. The housemover's lien provided for herein must be

enforced according to the provisions and procedure set out in section 35-27-24; and the owner,

the owner's agent, or contractor may require suit to be commenced according to the provisions

and procedure set out in section 35-27-25.
N.D. Cent. Code § 35-29-04 — ND Code / Title 35 / Chapter 35-29 / Section 35-29-04
35-29-04. Duties of filing officer
Status: in_force

35-29-04. Duties of filing officer

1. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation

of any certificate described in subsection 2 is presented:

a. The secretary of state shall cause the notice to be marked, held, and indexed in

accordance with the provisions of section 41-09-90 as if the notice were a

financing statement within the meaning of title 41; or

b. The secretary of state shall endorse thereon the officer's identification and the

date and time of receipt and immediately file it alphabetically or enter it in an

alphabetical index showing the name and address of the person named in the

notice, the date and time of receipt, the title and address of the official or entity

certifying the lien, and the total amount appearing on the notice of lien.

2. If a certificate of release, nonattachment, discharge, or subordination of any lien is

presented to the secretary of state for filing, the secretary shall do all of the following:

a. Cause a certificate of release or nonattachment to be marked, held, and indexed

as if the certificate were a termination statement within the meaning of title 41, but

the notice of lien to which the certificate relates may not be removed from the

files.

b. Cause a certificate of discharge or subordination to be marked, held, and indexed

as if the certificate were a release of collateral within the meaning of title 41.

3. If a refiled notice of federal lien referred to in subsection 1 or any certificate or notice

referred to in subsection 2 is presented for filing, the secretary of state shall

permanently attach the refiled notice or the certificate to the original notice of lien and

enter the refiled notice or the certificate with the date of filing in any alphabetical lien

index on the line where original notice of lien is entered.

4. Any person may search the central indexing system to determine whether there is on

file, on the date and hour stated therein, any notice of lien or certificate or notice

affecting any lien filed under this chapter or chapter 35-28 as it existed prior to

enactment of this chapter, naming a particular person, and if a notice or certificate is

on file, giving the date and hour of filing of each notice or certificate.

5. The secretary of state shall fulfill any of the functions described in this section by

electronic means with the same legal effect as if the function had been completed on a

physical document.
N.D. Cent. Code § 35-22-12 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-12
35-22-12. Costs - Disbursements
Status: in_force

35-22-12. Costs - Disbursements

The person foreclosing a mortgage by advertisement is entitled to the person's costs and

disbursements out of the proceeds of the sale.
N.D. Cent. Code § 35-24-02 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-02
35-24-02. Who entitled to lien - Amount of lien
Status: in_force

35-24-02. Who entitled to lien - Amount of lien

Any person who shall, under contract with the owner of any leasehold for oil or gas

purposes or any pipeline, perform any labor or furnish any material or services used or

employed, or furnished to be used or employed in the drilling or operating of any oil or gas well

upon such leasehold, or in the construction of any pipeline, or in the constructing, putting

together, or repairing of any material so used or employed, or furnished to be used or employed,

is entitled to a lien under this chapter, whether or not a producing well is obtained and whether

or not such material is incorporated in or becomes a part of the completed oil or gas well, or

pipeline, for the amount due that person for the performance of such labor or the furnishing of

such material or services, including without limitation transportation and mileage charges

connected therewith, and interest from the date the same was due.
N.D. Cent. Code § 35-22-13 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-13
35-22-13. Foreclosure - Attorney's and sheriff's fees - Division of attorney's fees unlawful
Status: repealed

35-22-13. Foreclosure - Attorney's and sheriff's fees - Division of attorney's fees

unlawful.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 35-36-09 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-09
35-36-09. Sale proceedings - Titled vehicles
Status: in_force

35-36-09. Sale proceedings - Titled vehicles

The sale proceedings in this chapter are sufficient to provide the instruments or documents

of authority to obtain a transfer of title to vehicles under section 39-05-19. However, the rights of

a prior listed lienholder are not affected by this transfer and the department may not remove a

prior lienholder in this transfer of title without a release from the lienholder.
N.D. Cent. Code § 35-22-02 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-02
35-22-02. Right to foreclose - Prerequisites - Recording
Status: in_force

35-22-02. Right to foreclose - Prerequisites - Recording

To entitle a party to foreclose by advertisement, it is requisite:

1. That default in a condition of the mortgage has occurred by which the power of sale

has become operative;

2. That no action or proceeding has been instituted at law to recover the debt then

remaining secured by the mortgage, or any part thereof, or if any action or proceeding

has been instituted, that the same has been discontinued or that an execution upon

the judgment rendered therein has been returned unsatisfied in whole or in part; and

3. That the mortgage containing the power of sale has been recorded and, if it has been

assigned, that all the assignments thereof have been recorded.
N.D. Cent. Code § 35-24-12 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-12
35-24-12. Recordation of statement of lien
Status: in_force

35-24-12. Recordation of statement of lien

Immediately upon receipt of the statement of lien provided for in section 35-24-11, the

recorder shall record the statement as a lien against the real property interest which is subject to

the lien pursuant to section 35-24-03 and shall keep a record of all lien statements filed in the

county, and of any orders or responses relating to orders by the district court. The recorder shall

establish and maintain a system for indexing, filing, or recording which is sufficient to enable

users of the records to obtain adequate information.
N.D. Cent. Code § 35-36-05 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-05
35-36-05. Sale of property - Application of proceeds
Status: in_force

35-36-05. Sale of property - Application of proceeds

At any time before the sale, the lessee may pay the amount necessary to satisfy the lien

and redeem the lessee's property. If a sale is held, the owner shall satisfy the lien from the

proceeds of the sale and hold the balance, if any, for delivery on demand to the lessee or any

other recorded lienholder for a period of six months from the date of sale. Any amount not

claimed by the lessee from the owner within the six-month period is subject to the reporting

requirements of section 47-30.2-04.
N.D. Cent. Code § 35-03-06 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-06
35-03-06. Fee for recording mortgage - Standard form not mandatory
Status: repealed

35-03-06. Fee for recording mortgage - Standard form not mandatory

Repealed by S.L. 1953, ch. 113, § 2.
N.D. Cent. Code § 35-29-02 — ND Code / Title 35 / Chapter 35-29 / Section 35-29-02
35-29-02. Place of filing
Status: in_force

35-29-02. Place of filing

1. Notices of liens, certificates, and other notices affecting federal tax liens or other

federal liens must be filed in accordance with this chapter.

2. Notices of liens upon real property for obligations payable to the United States and

certificates and notices affecting the liens must be filed in the central indexing system

and associated to the county in which the real property subject to the liens is situated.

3. Notices of federal liens upon personal property, whether tangible or intangible, for

obligations payable to the United States and certificates and notices affecting the liens

must be filed as follows:

a. If the person against whose interest the lien applies is a corporation, limited

liability company, or a partnership whose principal executive office is in this state,

as these entities are defined in the internal revenue laws of the United States, in

the office of the secretary of state.

b. If the person against whose interest the lien applies is a trust that is not covered

by subdivision a, in the office of the secretary of state.

c. If the person against whose interest the lien applies is the estate of a decedent, in

the office of the secretary of state.

d. In all other cases, in the office of the recorder of the county where the person

against whose interest the lien applies resides at the time of filing of the notice of

lien.

4. The secretary of state shall provide a means for the United States to file any

documentation according to this chapter.
N.D. Cent. Code § 35-36-03 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-03
35-36-03. Custody and control of property
Status: in_force

35-36-03. Custody and control of property

Unless the rental agreement provides otherwise, until a sale under this chapter, the lessee

is responsible for the care, custody, and control of all property stored in the portable storage unit

unless the owner secures the property elsewhere during the sale proceedings.
N.D. Cent. Code § 35-22-08 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-08
35-22-08. Sale to be conducted at public auction - Time and place
Status: in_force

35-22-08. Sale to be conducted at public auction - Time and place

The sale must be at public auction between the hours of nine a.m. and the setting of the sun

on that day, at the front door of the courthouse in the county in which the premises to be sold or

some part of them are situated, and must be made to the highest bidder by the sheriff of the

county, acting in person or by deputy.
N.D. Cent. Code § 35-34-02 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-02
35-34-02. Lien for past-due child support
Status: in_force

35-34-02. Lien for past-due child support

When an obligor owes past-due support, the child support agency may establish a lien on

property of the obligor as provided in this chapter. Except for liens under section 35-34-05, the

amount of a lien under this chapter includes any past-due support that is owed when the lien is

perfected and any past-due support that accrues after the lien is perfected.
N.D. Cent. Code § 35-31-02 — ND Code / Title 35 / Chapter 35-31 / Section 35-31-02
35-31-02. Procedure to obtain lien
Status: in_force

35-31-02. Procedure to obtain lien

To obtain an agricultural supplier's lien, except an agricultural supplier's lien for furnishing

petroleum products, the person entitled to the lien, within one hundred twenty days after the

supplies are furnished or the services performed, shall file electronically a statement in the

central notice system. To obtain an agricultural supplier's lien for furnishing and delivering

petroleum products, the person entitled to the lien, within one hundred fifty days after the

petroleum products are furnished or delivered, shall file electronically a statement in the central

notice system. The statement must contain the following information:

1. The name and address of the person to whom the supplies were furnished.

2. The name and address of the supplier.

3. A description of the crops, agricultural products, or livestock and their amount or

number, if known, subject to the lien together with a reasonable description, including

the county as to the location of the crops, agricultural products, or livestock and the

year the crop is to be harvested or was harvested.

4. A description and value of the supplies and the first date furnished.

5. The social security number or, in the case of a debtor doing business other than as an

individual, the internal revenue service taxpayer identification number of the person to

whom the supplies were furnished.

The secretary of state shall provide an electronic means to obtain a lien under this section or

gain protection under the central notice system, or both. Before a supplier's lien is filed, a billing

statement for the supplies furnished must include notice to the agricultural producer that if the

amount due to the agricultural supplier is not satisfied a lien may be filed.
N.D. Cent. Code § 35-24-10 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-10
35-24-10. Continuing deliveries under single contract
Status: in_force

35-24-10. Continuing deliveries under single contract

All labor performed or materials or services furnished by any person entitled to a lien under

this chapter upon the same leasehold for oil and gas purposes or the same pipeline must for the

purposes of this chapter be considered as having been performed or furnished under a single

contract regardless of whether or not the same was performed or furnished at different times or

on separate orders, provided that no more than six months may have elapsed between the date

of performance of such labor or the date of furnishing such material or services and the date on

which labor is next performed or materials or services are next furnished.
N.D. Cent. Code § 35-34-06 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-06
35-34-06. Lien on other personal property
Status: in_force

35-34-06. Lien on other personal property

1. In the case of untitled personal property other than a vessel or an account maintained

in a financial institution, the child support agency may establish a lien on such

personal property by filing electronically a notice of lien in the central indexing system

or with a third party who is in possession of the personal property. The notice must

particularly describe the property to be subjected to the lien and the name and

last-known address of the obligor. The notice of lien must state that the child support

obligation is past due and that a copy of the notice of lien has been served on the

obligor by first-class mail at the obligor's last-known address.

2. The information filed under this section must be included in the computerized central

indexing system maintained by the secretary of state under section 54-09-09 and must

be accessible to the public on the same terms and conditions that apply to access

other statutory lien information maintained in the computerized central indexing

system.

3. Upon filing of the notice of lien in accordance with this section, the lien attaches to and

is perfected against all personal property described in the notice.
N.D. Cent. Code § 35-27-08 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-08
35-27-08. Contractor or subcontractor improperly using proceeds of payment - Larceny
Status: repealed

35-27-08. Contractor or subcontractor improperly using proceeds of payment -

Larceny.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 35-33-07 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-07
35-33-07. Protection of purchaser in good faith
Status: in_force

35-33-07. Protection of purchaser in good faith

A purchaser in good faith of any property sold under this chapter takes the property clear of

any rights of persons against whom the lien was valid.
N.D. Cent. Code § 35-34-12 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-12
35-34-12. Full faith and credit
Status: in_force

35-34-12. Full faith and credit

A lien arising in another state, under a law of that state implementing the provisions of

42 U.S.C. 666(a)(4)(A), is entitled to full faith and credit when the party seeking to enforce that

lien records or serves the lien documents in the manner provided under this code. No judicial

notice or hearing is required prior to recording or service of the lien documents.
N.D. Cent. Code § 35-33-11 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-11
35-33-11. Owner rights - Chapter construction
Status: in_force

35-33-11. Owner rights - Chapter construction

This chapter may not be construed as impairing or affecting the right of an owner and an

occupant to create additional rights, duties, or obligations under a rental agreement. In addition

to the rights and remedies under this chapter, an owner has the same rights and remedies

available to creditors and landlords under the laws of this state.
N.D. Cent. Code § 35-01-19 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-19
35-01-19. Lien accessory to act secured - Extinguishment
Status: in_force

35-01-19. Lien accessory to act secured - Extinguishment

A lien is accessory to the act for the performance of which it is a security, whether any

person is bound for such performance or not, and is extinguishable in like manner with any

other accessory obligation.
N.D. Cent. Code § 35-06-10 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-10
35-06-10. Fraudulent misrepresentation of property pledged - Rights of creditor
Status: in_force

35-06-10. Fraudulent misrepresentation of property pledged - Rights of creditor

When a debtor has obtained credit or an extension of time by a fraudulent

misrepresentation of the value of the property pledged by or for the debtor, the creditor may

demand a further pledge to correspond with the value represented and in default thereof may

recover the creditor's debt immediately though it is not actually due.
N.D. Cent. Code § 35-05-07 — ND Code / Title 35 / Chapter 35-05 / Section 35-05-07
35-05-07. Cancellation by recorder - Exception
Status: repealed

35-05-07. Cancellation by recorder - Exception

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-01-04 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-04
35-01-04. Creation of lien by contract or by operation of law - Special circumstances and exception
Status: in_force

35-01-04. Creation of lien by contract or by operation of law - Special circumstances

and exception.

A lien or security interest is created by contract or by operation of law. No lien arises by

operation of law until the time at which the act secured by the lien is to be performed. A security

interest in personal property is governed by chapter 41-09, except that a bill of sale or security

agreement, that is not a purchase money security interest, with respect to household goods,

effects, furniture of married persons, or personal property exempt from execution is void unless

the instrument by which it is transferred or encumbered is jointly executed by the husband and

wife, if both are living. This section does not apply to transfers or liens arising by operation of

law nor to security agreements relating to threshed grains made with any lending agency

authorized to make commodity credit corporation loans on threshed grains.
N.D. Cent. Code § 35-22-15 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-15
35-22-15. Recorder - Note of sale on margin of mortgage record
Status: in_force

35-22-15. Recorder - Note of sale on margin of mortgage record

A note referring to the page and book or document number where the evidence of any sale

made under a mortgage is recorded must be made by the recorder in the margin of the record

of the mortgage.
N.D. Cent. Code § 35-03-18 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-18
35-03-18. Request for information concerning payoff and escrow amounts - Penalty - Venue
Status: in_force

35-03-18. Request for information concerning payoff and escrow amounts - Penalty -

Venue.

Unless otherwise stated in the loan or mortgage, within seven business days after receipt of

a written request that specifies the name of the owner of the property and the loan number

assigned to a loan secured by a mortgage on residential real property and that indicates the

information is necessary to close a sale of the property, the servicer of a loan secured by a

mortgage on residential real property shall provide to the owner of the property or to that

person's representative full information concerning the amount necessary on a date specified in

the request to pay off the loan and of any amount held in escrow for payment of insurance

premiums, taxes, and other costs relating to the real property. The servicer of the loan secured

by a mortgage may not charge any fee for providing the information.

If the servicer of the loan fails to deposit with the United States postal service, facsimile, or

deliver personally the information requested within seven business days after receipt of the

written request for information and the closing date for sale of the property is postponed as a

result of the delay, the servicer of the loan is liable to the owner of the property for all damages

sustained because of the delay. Notwithstanding any other law, an action brought to recover

damages under this section must be heard in the county where the real property is located or

where the plaintiff resides if the residence is within this state.
N.D. Cent. Code § 35-36-01 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-01
35-36-01. Definitions
Status: in_force

35-36-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Default" means failure of the lessee to pay the rent and other charges at the time and

in the manner set forth in the rental agreement.

2. "Last-known address" means the address provided by the lessee in the latest rental

agreement or the address provided by the lessee in a subsequent written change of

address notice.

3. "Lessee" means a person who leases a portable storage unit, regardless of the unit's

location, under a rental agreement. The term includes a sublessee, successor, and

assignee.

4. "Owner" means a person who owns, leases, subleases, manages, or operates a

portable storage unit and receives rent from a lessee under a rental agreement.

5. "Personal property" means movable property not affixed to land, including

merchandise and household goods.

6. "Portable storage unit" includes a portable container, overseas shipping container, or

semitrailer which may be moved by the owner to a location designated by the lessee

or moved by the lessee to one of several locations, in accordance with the rental

agreement, and in which the lessee customarily stores and removes personal property.

7. "Rental agreement" means a written agreement between the owner and the lessee

which establishes or modifies the terms and conditions of the lessee's use of the

portable storage unit.
N.D. Cent. Code § 35-01-26 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-26
35-01-26. Destroying, concealing, selling property subject to lien - Penalty
Status: repealed

35-01-26. Destroying, concealing, selling property subject to lien - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 35-20-08 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-08
35-20-08. Attorney's lien - On money - Against a judgment
Status: in_force

35-20-08. Attorney's lien - On money - Against a judgment

An attorney has a lien for a general balance of compensation in and for each case upon:

1. Money in the attorney's hands belonging to the attorney's client in the case.

2. Money due the attorney's client in the hands of the adverse party, or attorney of such

party, in an action or proceeding in which the attorney claiming the lien was employed,

from the time of giving notice in writing to the adverse party, or the attorney of such

party if the money is in the possession or under the control of such attorney, which

notice must state the amount claimed and in general terms for what services. After

judgment in any court of record, the notice may be given and the lien made effective

against the judgment debtor by entering the same in the judgment docket opposite the

entry of the judgment.
N.D. Cent. Code § 35-24-01 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-01
35-24-01. Definitions
Status: in_force

35-24-01. Definitions

In this chapter unless the context or subject matter otherwise requires:

1. "Construction" means construction, maintenance, operation, or repair.

2. "Contract" means a contract, written or oral, express or implied, or partly express and

partly implied, or executory or executed, or partly executory and partly executed.

3. "Drilling" means drilling, digging, torpedoing, acidizing, cementing, completing, or

repairing.

4. "Furnish" means sell or rent.

5. "Labor" means work performed in return for wages.

6. "Material" means material, machinery, equipment, appliances, buildings, structures,

tools, bits, or supplies, including gasoline, diesel fuel, propane, and lubricants.

"Material" does not include rigs or hoists or their integral component parts except wire

lines.

7. "Operating" means all operations in connection with or necessary to the development,

production, or reclamation of oil or gas.

8. "Original contractor" means any person for whose benefit a lien is prescribed under

section 35-24-02.

9. "Owner" means a person holding any interest in the legal or equitable title or both to

any leasehold for oil or gas purposes, or any pipeline, or that person's agent, and

includes purchasers under executory contract, receivers, and trustees.

10. "Person" means an individual, corporation, limited liability company, firm, partnership,

or association.

11. "Pipeline" means any pipeline and related facilities laid and designed as a means of

transporting liquid or gaseous substances of any kind and the right of way therefor.

12. "Services" means work performed exclusive of labor, including the hauling of material,

whether or not involving the furnishing of material.

13. "Working interest" means interest in oil and gas that may be produced from a well but

does not include royalty or overriding royalty interests.
N.D. Cent. Code § 35-22-22 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-22
35-22-22. Disposition of proceeds of sale
Status: in_force

35-22-22. Disposition of proceeds of sale

If after the sale there remains in the hands of the officer making the sale any surplus money

after satisfying the mortgage on the real property sold and after payment of the costs and

expenses of the foreclosure and sale, the surplus must be held by such officer for a period of

thirty days after the sale unless some person who at the time of the sale had an interest in or

lien upon the property sold or some part thereof serves a written notice upon such officer of a

claim to the surplus or some part thereof. If no notice of claim is served within the period

aforesaid, the officer, upon the expiration of the period and upon demand, shall pay over the

surplus to the mortgagor, the mortgagor's legal representatives, or assigns.
N.D. Cent. Code § 35-27-26 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-26
35-27-26. Penalty for filing unlawful lien
Status: repealed

35-27-26. Penalty for filing unlawful lien

Repealed by S.L. 2009, ch. 293, § 16.
N.D. Cent. Code § 35-01-05 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-05
35-01-05. Lien on future interest - When lien attaches
Status: in_force

35-01-05. Lien on future interest - When lien attaches

An agreement may be made to create a lien upon property not yet in existence or not yet

acquired by the party agreeing to give the lien. In such case, the lien agreed upon attaches from

the time when the party agreeing to give it acquires an interest in the things and to the extent of

such interest.
N.D. Cent. Code § 35-31-01 — ND Code / Title 35 / Chapter 35-31 / Section 35-31-01
35-31-01. Agricultural supplier's lien authorized
Status: in_force

35-31-01. Agricultural supplier's lien authorized

Any person who furnishes supplies used in the production of crops, agricultural products, or

livestock is entitled to a lien upon the crops, products produced by the use of the supplies, and

livestock and their products including milk. As used in this chapter, the term "supplies" includes

seed, petroleum products, fertilizer, farm chemicals, insecticide, feed, hay, pasturage, veterinary

services, or the furnishing of services in delivering or applying the supplies. Except as otherwise

provided in this section, an agricultural supplier's lien filed in accordance with section 35-31-02

is effective from the date the supplies are furnished or the services performed. An agricultural

supplier's lien filed as a security interest created by contract to secure money advanced or

loaned for any purposes is not effective to secure a priority over liens filed under section
N.D. Cent. Code § 35-03-05.1 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-05.1
35-03-05.1. Recording and filing assignment of mortgage - Notice to whom
Status: in_force

35-03-05.1. Recording and filing assignment of mortgage - Notice to whom

An assignment of a mortgage may be recorded or filed in the same manner as a mortgage,

and the record thereof operates as notice to all persons subsequently deriving title to the

mortgage from the assignor. When the mortgage is executed as security for money due or to

become due on a promissory note, bond, or other instrument designated in the mortgage, the

record of the assignment of the mortgage is not of itself notice to a mortgagor or a mortgagor's

heirs or personal representatives so as to invalidate any payment made by them or either of

them to the person holding such note, bond, or other instrument.
N.D. Cent. Code § 35-27-07 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-07
35-27-07. Title of vendor or consenting owner - Subject to liens
Status: in_force

35-27-07. Title of vendor or consenting owner - Subject to liens

1. When land is sold under an executory contract requiring the vendee to improve the

land and such contract is forfeited or surrendered after liens have attached by reason

of such improvements, the title of the vendor is subject thereto, but the vendor is not

personally liable if the contract was made in good faith. When improvements are made

by one person upon the land of another, all persons interested in the land, other than

as bona fide prior encumbrancers or lienors, are deemed to have authorized the

improvements, and are subject to the liens attached to the real estate.

2. A person may object to any unauthorized improvements by:

a. Serving upon the person making the improvements, within five days after

knowledge of the improvements, written notice that the improvement is

unauthorized; or

b. Posting a notice objecting to the unauthorized improvements, and keeping the

notice posted in a conspicuous place on the premises.

3. If the legal or equitable owner's tenant orders improvements on leased real estate, no

lien is allowed unless the legal or equitable owner has actual or constructive notice of

the improvements and fails to object to the improvements on the leased property.
N.D. Cent. Code § 35-27-19 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-19
35-27-19. Land subject to lien
Status: in_force

35-27-19. Land subject to lien

The entire land upon which any building, structure, or other improvement is situated, or to

improve which labor is done or materials furnished, including that portion of the land not covered

thereby, is subject to all liens created under this chapter to the extent of all the right, title, and

interest of the owner for whose immediate use or benefit the labor was done or materials

furnished.
N.D. Cent. Code § 35-06-12 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-12
35-06-12. Demand for performance necessary
Status: repealed

35-06-12. Demand for performance necessary

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-34-08 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-08
35-34-08. Satisfaction of lien
Status: in_force

35-34-08. Satisfaction of lien

Upon payment of all past-due child support obligations, the child support agency shall

provide, within a reasonable time, an appropriate satisfaction or release of a lien arising under

this chapter.
N.D. Cent. Code § 35-33-10 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-10
35-33-10. Sale proceedings - Titled vehicles - Towing
Status: in_force

35-33-10. Sale proceedings - Titled vehicles - Towing

1. The sale proceedings in this chapter are sufficient to provide the instruments or

documents of authority necessary to obtain a transfer of title to vehicles under section

39-05-19.

2. If the personal property subject to a lien under section 35-33-02 is a motor vehicle,

watercraft, or trailer, and rent or other charges under the rental agreement remain

unpaid for sixty days, the owner may have the motor vehicle, watercraft, or trailer

towed from the self-service storage facility property by a commercial towing service as

defined in section 23.1-15-01. An owner may not be held liable for damage incurred to

an occupant's motor vehicle, watercraft, or trailer after the owner relinquishes

possession of the personal property and the personal property is removed from the

self-service storage facility property. Removal of personal property from a self-service

storage facility does not release the owner's lien under section 35-33-02.
N.D. Cent. Code § 35-01-16 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-16
35-01-16. Right of redemption - When made
Status: in_force

35-01-16. Right of redemption - When made

Every person having an interest in property that is subject to a lien has a right to redeem it

from the lien at any time after the claim is due and before the person's right of redemption is

foreclosed.
N.D. Cent. Code § 35-13-05 — ND Code / Title 35 / Chapter 35-13 / Section 35-13-05
35-13-05. Notice before foreclosure
Status: in_force

35-13-05. Notice before foreclosure

1. A person holding a lien under this chapter on property encumbered by prior liens of

record or before beginning any action or proceeding for the foreclosure of the lien,

shall give ten days' notice in writing of the lienholder's intention to foreclose the lien to

the lienholders of record and the owner of the property. The notice may be served by

registered or certified mail addressed to the lienholders of record and property owner

at the lienholders and property owner's last-known post-office address.

2. The notice before foreclosure must include:

a. A description of the property subject to the lien;

b. The grounds for the lien;

c. The name, address, and telephone number of the lienholder;

d. The amount owed;

e. The date after which the property subject to the lien will be offered for sale; and

f. A statement that the lienholder of record or property owner may reclaim the

property subject to the lien before the property is offered for sale by paying the

amount owed.
N.D. Cent. Code § 35-01-07 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-07
35-01-07. Holder of special lien may acquire and enforce prior lien
Status: in_force

35-01-07. Holder of special lien may acquire and enforce prior lien

When the holder of a special lien is compelled to satisfy a prior lien for the holder's own

protection, the holder may enforce payment of the amount so paid by the holder as a part of the

claim for which the holder's own lien exists.
N.D. Cent. Code § 35-14-04 — ND Code / Title 35 / Chapter 35-14 / Section 35-14-04
35-14-04. Vehicle may be removed when storage charge not paid
Status: in_force

35-14-04. Vehicle may be removed when storage charge not paid

Any person having possession of any motor vehicle for storage may remove the vehicle

from the person's garage or other place of storage without liability for such removal to the owner

or possessor thereof, if the owner or the person who stored the vehicle fails to pay the storage

charges thereon within ten days after such payment becomes due.
N.D. Cent. Code § 35-22-18 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-18
35-22-18. Affidavit of mailing - Recordation
Status: in_force

35-22-18. Affidavit of mailing - Recordation

An affidavit setting forth the time and manner of the mailing of the copy of the affidavit of

publication, the description of the land, and the name and post-office address of the person or

persons to whom the affidavit of publication was mailed must be filed and recorded in the

recorder's office.
N.D. Cent. Code § 35-01-01 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-01
35-01-01. Scope of statutes relating to liens
Status: in_force

35-01-01. Scope of statutes relating to liens

The general statutes relating to liens apply to all liens, including mortgages and pledges,

unless from the context relating to any of them a different intention appears, and except as

modified by the provisions of chapter 41-09.
N.D. Cent. Code § 35-27-06 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-06
35-27-06. Extent and amount of lien
Status: in_force

35-27-06. Extent and amount of lien

If the contribution is made under a contract with the owner and for an agreed price, the lien

as against the owner must be for the sum so agreed upon, otherwise, and in all cases as

against others than the owner, it must be for the reasonable value of the work done and of the

skill and material furnished.
N.D. Cent. Code § 35-24-15 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-15
35-24-15. Parties to suit to foreclose
Status: in_force

35-24-15. Parties to suit to foreclose

In such actions all persons whose liens are filed as herein provided and other

encumbrancers may be made parties and the issues must be made and the trials must be

conducted as in other civil cases. When such action is brought by any person other than an

original contractor, the original contractor through whom such person claims a lien must be

made a party defendant and shall at the contractor's own expense defend against the claim and

if the contractor fails to make such defense, the owner may make the same at the expense of

such original contractor. Until all claims, costs, and expenses are finally adjudicated and

defeated or satisfied, the owner is entitled to retain from the original contractor the amount

thereof.
N.D. Cent. Code § 35-01-21 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-21
35-01-21. Lien dependent on possession - Voluntary restoration of property extinguishes lien
Status: in_force

35-01-21. Lien dependent on possession - Voluntary restoration of property

extinguishes lien.

The voluntary restoration of property to its owner by the holder of a lien which is dependent

upon possession extinguishes the lien as to such property unless otherwise agreed by the

parties, and notwithstanding any such agreement, extinguishes it as to creditors of the owner

and persons subsequently acquiring title to the property, or a lien thereon, in good faith and for a

good consideration.
N.D. Cent. Code § 35-19-03 — ND Code / Title 35 / Chapter 35-19 / Section 35-19-03
35-19-03. Disposal of money remaining after foreclosure
Status: in_force

35-19-03. Disposal of money remaining after foreclosure

After satisfying the lien and any costs that may accrue, any residue remaining must be paid

to the guest or boarder on demand. If a demand is not made within six months from the date of

the sale, such residue must be deposited by the innkeeper, hotelkeeper, or tourist camp keeper

with the treasurer of the county in which the inn, hotel, or tourist camp is situated, together with

a statement of the innkeeper's claim and the cost of enforcing the same, a copy of the published

notice, and a statement of the amounts received for the goods sold at said sale. The county

treasurer shall credit the residue to the general revenue fund of the county subject to the right of

the guest or boarder, or the guest's or boarder's representative, to reclaim it at any time within

three years after the date of deposit thereof.
N.D. Cent. Code § 35-18-09 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-09
35-18-09. Hospital records open to inspection
Status: in_force

35-18-09. Hospital records open to inspection

Any person, firm, corporation, or limited liability company legally liable under this chapter

and against whom a claim is asserted for compensation for injuries must be permitted to

examine the records of any hospital which has filed a lien statement in reference to treatment,

care, and maintenance of the injured person.
N.D. Cent. Code § 35-05-04 — ND Code / Title 35 / Chapter 35-05 / Section 35-05-04
35-05-04. Security agreement not to include other personal property
Status: repealed

35-05-04. Security agreement not to include other personal property

Repealed by S.L. 1997, ch. 301, § 3.
N.D. Cent. Code § 35-24-14 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-14
35-24-14. Duration of lien - Suit to foreclose
Status: in_force

35-24-14. Duration of lien - Suit to foreclose

Any lien provided for by this chapter may be enforced by civil action in the district court of

the county in which the leasehold, or pipeline, or some part thereof, is situated. Such action

must be brought within two years from the time of the filing of the lien statement as provided for

in section 35-24-11. Any lien statement may be amended by leave of court in furtherance of

justice as pleadings may be in any matter except that the amount claimed may not be

increased.
N.D. Cent. Code § 35-01-27 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-27
35-01-27. Discharge of mortgage or lien on real property - Penalty
Status: in_force

35-01-27. Discharge of mortgage or lien on real property - Penalty

Within sixty days after any mortgage or other lien upon real property is satisfied or within

thirty days of receipt of a written demand of the owner of the property, whichever is shorter, the

owners of the mortgage or other lien shall execute a certificate of discharge duly acknowledged

and cause a satisfaction of record to be entered. The fee for filing the satisfaction must be paid

by the owner of the property or added to the debt paid by the owner of the property. Any

mortgagee or owner of a mortgage or lien who fails to execute or deliver a discharge or to enter

a satisfaction as provided under this section is liable to the owner of the property for all

damages sustained as a result of the refusal and exemplary damages of one hundred dollars.
N.D. Cent. Code § 35-01-08 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-08
35-01-08. Lien transfers no title
Status: in_force

35-01-08. Lien transfers no title

Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no title

to the property subject to the lien.
N.D. Cent. Code § 35-20-10 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-10
35-20-10. Lien for federal taxes - Notice
Status: repealed

35-20-10. Lien for federal taxes - Notice

Repealed by S.L. 1987, ch. 73, § 42.
N.D. Cent. Code § 35-01-15 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-15
35-01-15. Order of resort for payment - Marshalling securities
Status: in_force

35-01-15. Order of resort for payment - Marshalling securities

When a person has a lien upon several things and other persons have subordinate liens

upon or interests in some but not all of the same things, the person having the prior lien, if that

person can do so without the risk of loss to that person or of injustice to other persons, on the

demand of any party interested, must resort to the property in the following order:

1. To the things upon which that person has an exclusive lien.

2. To the things which are subject to the fewest subordinate liens.

3. In like manner inversely to the number of subordinate liens upon the same thing.

4. When several things are within one of the foregoing classes, and subject to the same

number of liens, resort must be had:

a. To things which have not been transferred since the prior lien was created;

b. To the things which have been so transferred without a valuable consideration;

and

c. To the things which have been so transferred for a valuable consideration in the

inverse order of the transfers.
N.D. Cent. Code § 35-27-13 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-13
35-27-13. How lien perfected - Construction lien recorded
Status: in_force

35-27-13. How lien perfected - Construction lien recorded

Every person desiring to perfect the person's lien shall record with the recorder of the

county in which the property to be charged with the lien is situated, within ninety days after all

the person's contribution is done, and having complied with the provisions of this chapter, a lien

describing the property and stating the amount due, the dates of the first and last contribution,

and the person with which the claimant contracted. Unless the owner of the freehold estate also

is the owner of the leasehold for wind turbines or an electric energy conversion facility for which

the labor, materials, or services were supplied, if a recorded lien is for a wind turbine or

associated facility under section 17-04-07, the recorded lien must contain the following

statement in at least sixteen-point type:

The lien in this chapter attaches only to the leasehold for an electric energy conversion

facility or wind turbines for which labor, materials, or services were supplied. This lien

does not attach to or encumber the real property or freehold estate.

Failure to include the statement required under this section in the statement of the lien does not

invalidate a lien on the leasehold or electric energy conversion facility.
N.D. Cent. Code § 35-03-08 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-08
35-03-08. Papers accompanying mortgage or grant must be recorded
Status: in_force

35-03-08. Papers accompanying mortgage or grant must be recorded

Every grant of real property or of any estate therein which appears by any other writing to

be intended as a mortgage within the meaning of chapter 35-01 must be recorded as a

mortgage. If the grant and other writing explanatory of its true character are not recorded

together at the same time and place, the grantee can derive no benefit from such record.
N.D. Cent. Code § 35-33-05 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-05
35-33-05. Notice of proceedings
Status: in_force

35-33-05. Notice of proceedings

Before conducting a sale, the owner shall:

1. Deliver in person or send by verified mail or electronic mail a notice of default to prior

lienholders and to the occupant at the occupant's last-known address. A notice under

this section sent by verified mail is deemed delivered if it is deposited with the United

States postal service or a private delivery service and properly addressed with postage

prepaid. A notice under this section sent by electronic mail is deemed delivered if it is

sent to the occupant's last-known electronic mail address. The notice must include:

a. A statement that the contents of the occupant's storage space are subject to the

owner's lien and that the occupant is denied access to the property until the

owner's claim is satisfied;

b. The address of the self-service storage facility, the number of the space where

the personal property is located, and the name of the occupant;

c. A statement of the charges due, the date of default, and a demand for payment of

the charges due within a specified time, not less than ten days after the date of

notice;

d. A statement in bold type providing that, unless the claim is paid within the time

stated, the contents of the occupant's storage space will be sold; and

e. The name, address, and telephone number of the owner or a designated agent

whom the occupant may contact to respond to the notice.

2. At least seven days before the sale, advertise the time, place, and terms of the sale in

a commercially reasonable manner. An advertisement satisfies the requirements of

this subsection if at least three independent bidders attend the sale in person or online

at the time and place advertised.
N.D. Cent. Code § 35-22-09 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-09
35-22-09. Sale as unit or by tracts
Status: in_force

35-22-09. Sale as unit or by tracts

If the mortgaged premises consist of a single farm or tract, the property may be sold as a

unit. If the premises consist of several distinct farms or tracts, the same must be sold separately,

and only such farms or tracts may be sold as are necessary to satisfy the amount due on the

mortgage at the date of the sale, including the costs and expenses allowed by law.
N.D. Cent. Code § 35-32-05 — ND Code / Title 35 / Chapter 35-32 / Section 35-32-05
35-32-05. Sale of aircraft authorized
Status: in_force

35-32-05. Sale of aircraft authorized

If the holder of a lien under this chapter provides the notice required by section 35-32-04

and the amount due remains unpaid after the sixtieth day after the date of performance of the

last repair or maintenance, the holder of the lien may sell the aircraft at a public sale if the court

finds that the amount due is the amount specified by contract or the reasonable and usual

compensation for the repairs or maintenance work performed and the holder may then apply the

proceeds to the amount due. The lienholder shall pay any excess proceeds to the person

entitled to them.
N.D. Cent. Code § 35-22-03 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-03
35-22-03. Notice of intention to foreclose - Service - Payment - Failure to commence foreclosure within ninety days
Status: in_force

35-22-03. Notice of intention to foreclose - Service - Payment - Failure to commence

foreclosure within ninety days.

Before any real estate mortgage may be foreclosed by advertisement, a notice of intention

to foreclose such mortgage must be served on the record title owner of the real estate described

in the mortgage unless the service thereof is excused by section 32-19-23. Such notice must be

in the form specified in section 32-19-21, and must be served as provided for the service of

such notice in foreclosure by action as prescribed in chapter 32-19, and the proof of service

thereof, or the proof of death of the record title owner, must be recorded with the notice and

certificate of sale. If the owner of the land or the owner's legal representative, before the

expiration of thirty days from the service of the notice of intention to foreclose the mortgage,

performs or complies with the conditions of the mortgage, the mortgage remains in full force and

effect the same as if no default had occurred. If the notice of sale is not published for the first

time within ninety days after the service of the notice of intention to foreclose, all proceedings

under the notice of intention to foreclose are deemed discontinued.
N.D. Cent. Code § 35-06-03 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-03
35-06-03. Increase of property pledged with property
Status: in_force

35-06-03. Increase of property pledged with property

The increase of property pledged is pledged with the property.
N.D. Cent. Code § 35-24-23 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-23
35-24-23. Saving clause - Liberal construction
Status: repealed

35-24-23. Saving clause - Liberal construction

Repealed by omission from this code.
N.D. Cent. Code § 35-06-02 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-02
35-06-02. Lien of pledge dependent on possession
Status: in_force

35-06-02. Lien of pledge dependent on possession

The lien of a pledge is dependent on possession and no pledge is valid until the property

pledged is delivered to the pledgee or to a pledgeholder as hereinafter prescribed.
N.D. Cent. Code § 35-20-04 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-04
35-20-04. Vendor's and purchaser's liens on realty subject to rights of subsequent purchaser
Status: in_force

35-20-04. Vendor's and purchaser's liens on realty subject to rights of subsequent

purchaser.

The liens defined in sections 35-20-01 and 35-20-03 are subject to the rights of subsequent

creditors without notice and of purchasers or encumbrancers in good faith and for value.
N.D. Cent. Code § 35-13-04 — ND Code / Title 35 / Chapter 35-13 / Section 35-13-04
35-13-04. Priority of lien
Status: in_force

35-13-04. Priority of lien

A lien obtained under this chapter has priority over all other liens, chattel mortgages, or

encumbrances against the personal property upon which the lien is secured, but if the

repairman has failed to notify the lienholder of record as provided in section 35-13-01, or if such

notice was given and the lienholder of record, within five days after receiving such notice,

communicated in writing to the repairman an objection to all the proposed repair costs becoming

a lien against the property with priority over the existing liens of record, then only that portion of

the repairman's lien up to six thousand dollars or thirty percent, or fifteen thousand dollars or

thirty percent for property used for agricultural or construction purposes, of the retail value,

whichever is greater, in the property's repaired condition, has priority over the existing lien of

record.
N.D. Cent. Code § 35-03-01.2 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-01.2
35-03-01.2. Nature, extent, and effect of lien - Security not to be impaired
Status: in_force

35-03-01.2. Nature, extent, and effect of lien - Security not to be impaired

1. A mortgage is a lien upon everything that would pass by a grant of the property, and

upon nothing more.

2. A mortgage is a lien upon the property mortgaged in the hands of everyone claiming

under the mortgagor subsequently to its execution, except purchasers and

encumbrancers in good faith without notice and for value.

3. Real property held adversely to the mortgagor may be mortgaged, and such a

mortgage takes effect from the time at which the mortgagor or one claiming under the

mortgagor obtains possession of the property and has precedence over every lien

upon the mortgagor's interest in the property created subsequently to the recording of

the mortgage.

4. Title acquired by the mortgagor subsequent to the execution of the mortgage inures to

the mortgagee as security for the debt in like manner as if acquired before the

execution.

5. In the absence of an express covenant, a mortgage does not bind the mortgagor

personally to perform the act for the performance of which it is a security.

6. A mortgage does not entitle the mortgagee to the possession of the property, but after

the execution of a mortgage, the mortgagor may agree to the change of possession

without a new consideration.

7. The assignment of a debt secured by a mortgage carries the security with it.

8. No person whose interest is subject to the lien of a mortgage may do any act which

will substantially impair the mortgagee's security.
N.D. Cent. Code § 35-01-09.1 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-09.1
35-01-09.1. Last-known address required for valid lien statement
Status: in_force

35-01-09.1. Last-known address required for valid lien statement

Notwithstanding any other provision of law concerning the filing of lien statements, the lien

statement filed against an individual must contain the last-known address of the debtor in order

to be valid.
N.D. Cent. Code § 35-03-01.3 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-01.3
35-03-01.3. Mortgages insured or guaranteed by the United States veterans' administration - Notice
Status: in_force

35-03-01.3. Mortgages insured or guaranteed by the United States veterans'

administration - Notice.

The following statement must be signed at the time of the loan application by both the

borrower and lender on loans that are insured or guaranteed by the United States veterans'

administration:

I understand that the veterans' administration may attempt to hold me liable for the

guarantee it offers the lending institution on this mortgage. I understand that it may be

alleged that I may remain liable for the amount guaranteed by the veterans' administration if

this mortgage is foreclosed or if the property is sold by me without first obtaining an

approved release of liability from the veterans' administration. I also understand that it may

be alleged that North Dakota law governing deficiency judgments may not apply to the

collection of loans guaranteed by the veterans' administration. By signing this statement, I

am indicating that the contents of this statement have been explained to me by a loan

officer representing the lending institution offering this mortgage loan.
N.D. Cent. Code § 35-22-23 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-23
35-22-23. Payment of surplus into court - Petition for surplus
Status: in_force

35-22-23. Payment of surplus into court - Petition for surplus

If the notice mentioned in section 35-22-22 is served upon the officer making the sale within

the time therein provided, such officer forthwith shall pay the surplus into the district court of the

county in which the sale was made. Any person claiming the surplus, or any part thereof, as

provided in section 35-22-22, at any time before an order for distribution is made as prescribed

in section 35-22-25, may file in the office of the clerk of the district court of the county where the

sale took place a petition stating the nature and extent of that person's claim and praying for an

order directing the payment to that person of the surplus money, or a part thereof.
N.D. Cent. Code § 35-01-12 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-12
35-01-12. Extent of lien limited to original obligation
Status: in_force

35-01-12. Extent of lien limited to original obligation

The existence of a lien upon property does not of itself entitle the person in whose favor it

exists to a lien upon the same property for the performance of any other obligation than that

which the lien originally secured.
N.D. Cent. Code § 35-20-01 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-01
35-20-01. Vendor's lien on real property for purchase price authorized
Status: in_force

35-20-01. Vendor's lien on real property for purchase price authorized

One who sells real property has a special or vendor's lien thereon, independent of

possession, for so much of the price as remains unpaid and unsecured otherwise than by the

personal obligation of the buyer.
N.D. Cent. Code § 35-01-18 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-18
35-01-18. Redemption - How made
Status: in_force

35-01-18. Redemption - How made

Redemption from a lien is made by performing or offering to perform the act for the

performance of which it is a security and paying or offering to pay the damages, if any, to which

the holder of the lien is entitled for delay. If the act requires the delivery of money, property, or a

conveyance of property, the offer must be accompanied by a deposit of the same and the giving

of notice thereof as provided in section 9-12-25.
N.D. Cent. Code § 35-31-05 — ND Code / Title 35 / Chapter 35-31 / Section 35-31-05
35-31-05. Amendment of lien
Status: in_force

35-31-05. Amendment of lien

A lienholder may file electronically an amendment to correct the social security or internal

revenue service taxpayer identification number of the debtor, to correct the spelling of the

debtor's or lienholder's name, or to correct or change the address of the debtor or lienholder.

The secretary of state shall provide an electronic means to amend or assign the agricultural

supplier's lien that has been filed pursuant to section 35-31-02. The amendment or assignment

of a lien does not affect the priority of the lien.
N.D. Cent. Code § 35-06-18 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-18
35-06-18. Notice of sale - Publication - Posting - Service - Report of sale
Status: repealed

35-06-18. Notice of sale - Publication - Posting - Service - Report of sale

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-27-25 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-25
35-27-25. Requiring suit to be commenced - Demand - Limitations of action
Status: in_force

35-27-25. Requiring suit to be commenced - Demand - Limitations of action

Upon written demand by or on behalf of the owner which has been delivered to the lienor

and filed with the county recorder, suit must be commenced and filed and a lis pendens as

provided in chapter 28-05 must be recorded within thirty days after the date of delivery of the

demand or the lien is forfeited. This thirty-day requirement applies regardless of the method of

delivery and additional time may not be allowed based on the method of delivery. The demand

must inform the lienor that if suit is not commenced and a lis pendens recorded within the thirty

days required under this section, the lien is forfeited. A lien is not valid, effective, nor

enforceable, unless the lienor commences an action and records with the county recorder a

lis pendens within three years after the date of recording of the lien. If a lis pendens is not

recorded within the limitations provided by this section, the lien is deemed satisfied.
N.D. Cent. Code § 35-30-04 — ND Code / Title 35 / Chapter 35-30 / Section 35-30-04
35-30-04. Secretary of state to remove and destroy certain documents
Status: in_force

35-30-04. Secretary of state to remove and destroy certain documents

The secretary of state shall remove and destroy liens filed in the secretary of state's office

pursuant to this chapter in the manner provided for in section 11-18-14 for the recorder.
N.D. Cent. Code § 35-13-06 — ND Code / Title 35 / Chapter 35-13 / Section 35-13-06
35-13-06. Lienholder may pay amount of lien - Assignment of lien
Status: in_force

35-13-06. Lienholder may pay amount of lien - Assignment of lien

The record lienholder of any lien against property on which a lien has been filed under this

chapter may pay the amount due on the lien at any time before a sale upon the foreclosure of

the property. Upon payment of the lien by a lienholder, the holder of the lien shall assign it to the

lienholder, and the lienholder then is entitled to all the rights which the person filing the lien had

before the lien was paid.
N.D. Cent. Code § 35-24-17 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-17
35-24-17. Removal prohibited - Injunction - Lien follows property wrongfully removed
Status: in_force

35-24-17. Removal prohibited - Injunction - Lien follows property wrongfully removed

When any lien provided for by this chapter has attached to the property covered thereby, it

is unlawful for any person to remove such property, or any part thereof, or cause the same to be

removed from the land or premises where located at the time such lien attached or otherwise

dispose of the same without the written consent of the holder of such lien. In the event such

property, or some part thereof, is about to be removed or disposed of in violation of this section,

the district court of the county where such property, or any part thereof, is located may upon the

verified application of the holder of such lien enjoin all persons alleged in such application to be

about to remove or dispose of such property, or some part thereof, from removing or disposing

of the same. In the event such property, or any part thereof, has been removed or disposed of in

violation of this section, the holder of such lien is entitled in any action to foreclose the same to

the appointment of a receiver to take possession of such removed or disposed of property

wherever the same may be located within this state; provided, however, that this section does

not preclude the appointment of a receiver in actions brought to foreclose liens given by this

chapter upon any equitable grounds warranting such appointment. This section does not apply

to any lien claims which have been discharged by the filing of a bond as provided by section

35-24-13.
N.D. Cent. Code § 35-24-05 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-05
35-24-05. Forfeiture or failure of title
Status: in_force

35-24-05. Forfeiture or failure of title

Forfeiture of a leasehold estate does not impair any lien as to material, appurtenances, and

fixtures located thereon and to which said lien has attached prior to forfeiture. If a lien provided

for in this chapter attaches to an equitable interest or to a legal interest contingent upon the

happening of a condition subsequent, failure of such interest to ripen into legal title or such

condition subsequent to be fulfilled does not impair any lien as to material, appurtenances, and

fixtures located thereon and to which said lien had attached prior to such failure.
N.D. Cent. Code § 35-03-04 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-04
35-03-04. Prerequisites for recordation - Post-office address of mortgagee or assignee
Status: in_force

35-03-04. Prerequisites for recordation - Post-office address of mortgagee or

assignee.

The recorder may not record a mortgage of real property unless the mortgage contains the

post-office address of the mortgagee. An assignment of a mortgage on real property which does

not contain the post-office address of the assignee may not be received for record.
N.D. Cent. Code § 35-01-10 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-10
35-01-10. Contracts for forfeiting property subject to lien void - Waiver of redemption void
Status: in_force

35-01-10. Contracts for forfeiting property subject to lien void - Waiver of redemption

void.

All contracts for the forfeiture of property subject to a lien in satisfaction of the obligation

secured thereby and all contracts in restraint of the right of redemption from a lien are void.
N.D. Cent. Code § 35-35-02 — ND Code / Title 35 / Chapter 35-35 / Section 35-35-02
35-35-02. Nonconsensual lien unlawful - Penalty
Status: in_force

35-35-02. Nonconsensual lien unlawful - Penalty

1. Any person who submits for filing or recording a nonconsensual common-law lien as

defined in this chapter is guilty of a class B misdemeanor.

2. This section does not apply to a filing officer who acts in the course of the employee's

official duties in filing or recording an instrument submitted to the employee for filing or

recording.
N.D. Cent. Code § 35-03-19 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-19
35-03-19. Certificate of release - Contents - Execution - Recordation
Status: in_force

35-03-19. Certificate of release - Contents - Execution - Recordation

1. As used in this section, unless the context otherwise requires:

a. "Mortgage" means a mortgage or mortgage lien covering an interest in real

property in this state given to secure a loan in the original principal amount of five

hundred thousand dollars or less.

b. "Mortgage servicer" means the last person to whom a mortgagor or the

mortgagor's successor in interest has been instructed by a mortgagee to send

payments on a loan secured by a mortgage. A person transmitting a payoff

statement is the mortgage servicer for the mortgage described in the payment

statement.

c. "Mortgagee" means the grantee of a mortgage or if a mortgage has been

assigned of record, the last person to whom the mortgage has been assigned of

record.

d. "Mortgagor" means the grantor of a mortgage.

e. "Payoff statement" means a statement of the amount of the unpaid balance of a

loan secured by a mortgage, including principal, interest, and any other charges

properly due under or secured by the mortgage and interest on a per day basis

for the unpaid balance.

f. "Record" means to record with the recorder.

g. "Title insurance company" means a corporation or other business entity

authorized and licensed to transact the business of insuring titles to interests in

real property in this state in accordance with chapter 26.1-20.

2. An officer or duly appointed agent of a title insurance company may execute, on behalf

of a mortgagor or a person who acquired from the mortgagor title to all or a part of the

property described in a mortgage, a certificate of release that complies with the

requirements of this section and record the certificate of release in the real property

records of each county in which the mortgage is recorded if a satisfaction or release of

the mortgage has not been executed and recorded after the date payment in full of the

loan secured by the mortgage was sent in accordance with a payoff statement

furnished by the mortgagee or the mortgage servicer.

3. A certificate of release executed under this section must contain substantially all of the

following:

a. The name of the mortgagor, the name of the original mortgagee, and, if

applicable, the mortgage servicer, the date of the mortgage, the date of recording,

and volume and page or document number in the real property records where the

mortgage is recorded, together with similar information for the last recorded

assignment of the mortgage;

b. A statement that the mortgage was in the original principal amount of five

hundred thousand dollars or less;

c. A statement that the person executing the certificate of release is an officer or a

duly appointed agent of a title insurance company authorized and licensed to

transact the business of insuring titles to interests in real property in this state;

d. A statement that the certificate of release is made on behalf of the mortgagor or a

person who acquired title from the mortgagor to all or a part of the property

described in the mortgage;

e. A statement that the mortgagee or mortgage servicer provided a payoff statement

which was used to make payment in full of the unpaid balance of the loan

secured by the mortgage; and

f. A statement that payment in full of the unpaid balance of the loan secured by the

mortgage was made in accordance with the written or verbal payoff statement.

4. A certificate of release authorized by this section must be executed and acknowledged

as required by law in the case of a deed and may be executed by a duly appointed

agent of a title insurance company. The delegation to an agent by a title insurance

company does not relieve the title insurance company of any liability for damages

caused by its agent for the wrongful or erroneous execution of a certificate of release.

The appointment of agent must be executed and acknowledged as required by law in

the case of a deed and must state the title insurance company as the grantor, the

identity of the person authorized to act as agent to execute and record certificates of

release provided for in this section on behalf of the title insurance company, that the

agent has the full authority to execute and record certificates of release provided for in

this section on behalf of the title insurance company, the term of appointment of the

agent, and that the agent has consented to and accepts the terms of the appointment.

A single appointment of agent may be recorded in each county in each recorder's

office. A separate appointment of agent may not be necessary for each certificate of

release. The appointment of agent may be rerecorded when necessary to establish

authority of the agent. The authority continues until a revocation of appointment is

recorded with the recorder where the appointment of agent was recorded.

5. For purposes of releasing the mortgage, a certificate of release containing the

information and statements provided for in this section and executed as provided in

this section is prima facie evidence of the facts contained in the certificate, is entitled

to be recorded with the recorder, and operates as a release of the mortgage described

in the certificate. The recorder shall rely upon the certificate to release the mortgage.

Recording of a wrongful or erroneous certificate of release by a title insurance

company or its agent does not relieve the mortgagor, or the mortgagor's successors or

assigns, from any personal liability on the loan or other obligations secured by the

mortgage. In addition to any other remedy provided by law, a title insurance company

wrongfully or erroneously recording a certificate of release under this section is liable

to the mortgagee for actual damage sustained due to the recording of the certificate of

release.

6. If a mortgage is recorded in more than one county and a certificate of release is

recorded in one of them, a certified copy of the certificate of release may be recorded

in another county with the same effect as the original. In all cases, the certificate of

release shall be entered and indexed as satisfactions of mortgage are entered and

indexed.
N.D. Cent. Code § 35-24-11 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-11
35-24-11. Contents and filing of statement of lien
Status: in_force

35-24-11. Contents and filing of statement of lien

1. Every person claiming a lien under this chapter shall file with the recorder of the

county in which the leasehold or pipeline, or some part thereof, is situated, a statement

verified by affidavit setting forth the amount claimed and the items thereof, the dates

on which labor was performed or material or services furnished, the name of the owner

of the leasehold or pipeline, if known, the name of the claimant and the claimant's

mailing address, a description of the leasehold or pipeline, and if the claimant is a

claimant under section 35-24-04, the name of the person for whom the labor was

immediately performed or the material or services were immediately furnished.

2. The statement of the lien must contain the following statement in at least sixteen-point

typeface unless the owner of the freehold estate also is the owner of the leasehold for

oil or gas purposes or the pipeline for which the labor, materials, or services were

supplied:

The lien in this chapter attaches only to the leasehold for oil or gas purposes or

any pipeline for which labor, materials, or services were supplied. This lien does

not attach to or encumber the real property of a freehold estate.

Failure to include the statement mentioned in this subsection in the statement of the

lien does not invalidate a lien on the leasehold or pipeline.

3. The statement of lien must be filed within six months after the date on which the

claimant's labor was last performed or material or services were last furnished under a

single contract as provided for in section 35-24-10.
N.D. Cent. Code § 35-31-04 — ND Code / Title 35 / Chapter 35-31 / Section 35-31-04
35-31-04. Secretary of state to remove and destroy certain documents
Status: in_force

35-31-04. Secretary of state to remove and destroy certain documents

The secretary of state shall remove and destroy liens filed in the secretary of state's office

pursuant to this chapter in the manner provided for in section 11-18-14 for the recorder.
N.D. Cent. Code § 35-18-05 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-05
35-18-05. Filing is notice to whom - Effect of payment or release of claim
Status: in_force

35-18-05. Filing is notice to whom - Effect of payment or release of claim

The filing of a hospital statement, from the time of filing thereof, is constructive notice to all

persons of the claim of the hospital and of its right to a lien upon any claim or demand or claim

for relief against the tort-feasors and the insurer or insurers of the tort-feasors, or an insurer of

the injured person, and no release of any judgment, claim, or demand by the injured person is

valid or effective as against the lien. The person, corporation, or limited liability company making

any payment to the injured person, or to the injured person's legal representative, as

compensation for injuries sustained, in settlement of a claim for relief claimed to exist for

negligence causing such injuries, or out of insurance carried by the tort-feasor, shall remain

liable to the hospital for the amount of the reasonable charges due at the time of such payment

to the extent of the full amount so paid or given to the injured person.
N.D. Cent. Code § 35-05-06 — ND Code / Title 35 / Chapter 35-05 / Section 35-05-06
35-05-06. Abstract of crop liens - Fees - Duty of recorder
Status: repealed

35-05-06. Abstract of crop liens - Fees - Duty of recorder

Repealed by S.L. 1969, ch. 317, § 1.
N.D. Cent. Code § 35-18-03 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-03
35-18-03. Lien statement - Contents - Verification - Filing
Status: in_force

35-18-03. Lien statement - Contents - Verification - Filing

The lien claimant, at any time after the rendering of the hospital services, or some part

thereof, or from time to time as the services are rendered, as the lien claimant may deem best,

but not later than thirty days after the services have been rendered and terminated, shall file a

lien statement in the office of the clerk of the district court of the county in which the services

were rendered containing all of the following:

1. The name of the injured person to whom the services were rendered.

2. The address of the injured person as shown upon the records of the hospital or

institution.

3. The date upon which the injured person was admitted to the hospital and the date of

that person's release, if that person has been released from the hospital at the time of

the filing of the statement.

4. The name, if known, of the person, corporation, or limited liability company alleged or

claimed to be guilty of the negligence causing the injuries, and the address, if known,

or ascertainable from the hospital records.

5. The name and address of any person, corporation, or limited liability company insuring

the tort-feasor against liability on account of negligence, if the same are known or

ascertainable from the hospital records.

6. The name of any insurer liable for insurance to the injured person, if known.

7. An itemized statement of the charges for hospital services and the total sum claimed

to be due.

Such statement must be signed in the name of the hospital or institution claiming the lien and

verified on behalf of the institution by some person authorized so to do and possessing

knowledge of the facts. The verification must show that the facts therein set forth are true to the

best of the knowledge, information, and belief of the person making the same, that the charges

for services are the reasonable and usual charges of the institution for such services, and that

the sum claimed is due and unpaid.
N.D. Cent. Code § 35-37-02 — ND Code / Title 35 / Chapter 35-37 / Section 35-37-02
35-37-02. Extent of lien - Dispute as to amount due - Notice - Buyer in ordinary course of business
Status: in_force

35-37-02. Extent of lien - Dispute as to amount due - Notice - Buyer in ordinary course

of business.

1. To secure payment from the sale of oil or gas, an interest owner, subject to section

35-37-04, has a continuing security interest in and a lien on the oil or gas severed, or

the proceeds of sale if the oil or gas has been sold, to the extent of the interest owner's

interest until the purchase price has been paid to the interest owner.

2. In the event of a bona fide dispute as to the amount due the interest owner, the

security interest and the lien do not accrue if the person holding the proceeds upon

which a lien is claimed tenders to the interest owner the amount which that person in

good faith believes to be due and payable.

3. A security interest or lien claimed pursuant to this chapter is not effective against an

interest owner, operator, first purchaser, or purchaser until a copy of the notice of lien

required to be filed under section 35-37-04 has been delivered to the interest owner,

operator, first purchaser, or purchaser by registered mail.

4. Notwithstanding any other provision in this chapter to the contrary, a person who pays

the purchase price for oil or gas severed from a well to the interest owner with whom

that person has a contract regarding purchases from the well or to one who is

authorized to receive payment on behalf of or for the interest owner is deemed a buyer

in the ordinary course of business and takes the oil or gas free of the security interest

and lien granted to the interest owner by this chapter, and the first purchaser or

purchaser who makes the payment and all its property is free from and not subject to

the security interest or lien granted to the interest owner by this chapter.
N.D. Cent. Code § 35-03-07 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-07
35-03-07. Record - Notice to whom
Status: in_force

35-03-07. Record - Notice to whom

The record of a mortgage duly made operates as notice to all subsequent purchasers and

encumbrancers.
N.D. Cent. Code § 35-17-04 — ND Code / Title 35 / Chapter 35-17 / Section 35-17-04
35-17-04. Procedure to obtain lien - Statement filed - Contents - Waiver
Status: in_force

35-17-04. Procedure to obtain lien - Statement filed - Contents - Waiver

Any person entitled to an agister's lien, within ninety days after taking possession of the

animal, may file electronically in the central indexing system, a statement containing the

following information:

1. The number of and a description of the animals subject to the lien and the legal

description as to the location of the animals.

2. The name and address of the person for whom the animals are kept.

3. The name and address of the lienholder.

4. The price agreed upon for keeping the animals and, if no price was agreed upon, the

reasonable value of the services.

5. The social security number or, in the case of a debtor doing business other than as an

individual, the internal revenue service taxpayer identification number of the person for

whom the animals are kept.

The secretary of state shall provide a means to obtain electronically a lien under this section or

gain protection under the central notice system, or both. If the statement is not filed within ninety

days as required by this section, the person entitled to the lien under section 35-17-03 waives

the lien.
N.D. Cent. Code § 35-33-08 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-08
35-33-08. Liability of owner
Status: in_force

35-33-08. Liability of owner

If the owner complies with this chapter, the owner's liability to the occupant is limited to the

application of the proceeds received from the sale of the property necessary to satisfy the lien.

The owner's liability to other lienholders is limited to the proceeds received from the sale of any

property covered by the other lien less the amount necessary to satisfy the owner's lien.
N.D. Cent. Code § 35-15-04 — ND Code / Title 35 / Chapter 35-15 / Section 35-15-04
35-15-04. Amount due from contractors recovered from owner - Action against owner
Status: in_force

35-15-04. Amount due from contractors recovered from owner - Action against owner

The creditor of a contractor may recover from the owner, under the contract in force

between the contractor and the owner, the sum due at the time notice was given and any sum

thereafter accruing.
N.D. Cent. Code § 35-06-14 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-14
35-06-14. Notice to pledgor of sale
Status: repealed

35-06-14. Notice to pledgor of sale

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-27-23 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-23
35-27-23. Improvements on leasehold interest - Extent of lien - Sale of building
Status: in_force

35-27-23. Improvements on leasehold interest - Extent of lien - Sale of building

When the interest owned in land by the owner of the building, structure, or other

improvement for which a lien is claimed, is only a leasehold interest, the forfeiture of the lease

for nonpayment of rent or for noncompliance with any of the stipulations of the lease does not

impair the lien so far as it applies to the building, structures, or improvements, but the

improvements may be sold to satisfy the lien and may be removed by the purchaser within thirty

days after the sale.
N.D. Cent. Code § 35-36-08 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-08
35-36-08. Validity of certain rental agreements
Status: in_force

35-36-08. Validity of certain rental agreements

Any rental agreement entered before August 1, 2009, remains valid and may be enforced or

terminated in accordance with its terms or as permitted by law.
N.D. Cent. Code § 35-27-24.1 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-24.1
35-27-24.1. Costs and attorney's fees
Status: in_force

35-27-24.1. Costs and attorney's fees

Any owner that successfully contests the validity or accuracy of a construction lien by any

action in district court must be awarded the full amount of all costs and reasonable attorney's

fees incurred by the owner.
N.D. Cent. Code § 35-37-04 — ND Code / Title 35 / Chapter 35-37 / Section 35-37-04
35-37-04. Perfection of lien - Verified notice - Effect of instruments - Effective date of lien
Status: in_force

35-37-04. Perfection of lien - Verified notice - Effect of instruments - Effective date of

lien.

1. If the proceeds for oil or gas which are required to be paid are not paid to the interest

owner when due, the interest owner may perfect the security interest and lien by filing

electronically a UCC-1A in the central indexing system and recording the lien in the

real estate records in the office of the county recorder of the county in which the well is

located. If the oil and gas owner's lien is not filed within ninety days from the date of

production, the security interest is not perfected and does not give the interest owner

priority over a perfected security interest in the same oil, gas, or proceeds of the oil or

gas.

2. Liens must be filed electronically in the central indexing system and recorded in the

real estate records of the county according to sections 11-18-01 and 11-18-05. Liens

may be terminated in the same manner as financing statements.

3. Upon perfection by filing, the security interest and lien of the interest owner takes

priority over the rights of all persons whose rights or claims arise or attach thereafter to

the oil or gas unpaid for, or the proceeds of oil or gas if the oil or gas has been sold,

including those that arise or attach between the time the security interest and lien

attaches and the time of filing. The security interest and lien created pursuant to this

chapter do not have priority over the security interest and lien rights previously created

and perfected or an operating agreement or other voluntary agreement for the

development and operation of the property.
N.D. Cent. Code § 35-20-09 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-09
35-20-09. Release of attorney's lien by undertaking
Status: in_force

35-20-09. Release of attorney's lien by undertaking

Any interested person may release an attorney's lien by executing an undertaking in an

amount double the amount claimed, or in such other amount as may be fixed by a judge of the

district court of the county in which the lien is filed or in which the subject of the lien is held. The

undertaking must be conditioned to pay to the attorney the amount finally due the attorney for

the attorney's services, which amount may be ascertained by suit on the undertaking. The

undertaking must be filed after approval by the clerk of court of the county. Any interested

person may make written demand upon the holder of an attorney's lien for a bill of particulars of

the services and amount claimed for each item or upon each written contract with the person for

whom the services were rendered, and thereupon, unless such bill of particulars is furnished

within ten days after service of the demand, the lien must be released.
N.D. Cent. Code § 35-36-06 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-06
35-36-06. Protection of purchaser in good faith
Status: in_force

35-36-06. Protection of purchaser in good faith

A purchaser in good faith of any property sold under this chapter takes the property clear of

any rights of persons against whom the lien was valid, subject to the rights of prior lienholders.
N.D. Cent. Code § 35-17-03 — ND Code / Title 35 / Chapter 35-17 / Section 35-17-03
35-17-03. Agister's lien by filing - Priority of lien
Status: in_force

35-17-03. Agister's lien by filing - Priority of lien

In addition to sections 35-17-01 and 35-17-02, any person to whom any animal is entrusted

by the owner for the purpose of feeding, herding, pasturing, or ranching, upon filing the

statement prescribed in section 35-17-04, is entitled to a lien upon the animal for the amount

that may be due for feeding, herding, pasturing, or ranching, effective from the date the person

entitled to the lien comes into possession of the animal. A lien taken pursuant to this section

upon anything other than the animal is void. An agister's lien has priority, as to the animals

covered by the lien, over all other liens or encumbrances, except agricultural processors' or

agricultural suppliers' liens. This section does not apply to stolen stock.
N.D. Cent. Code § 35-06-24 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-24
35-06-24. Foreclosure by action
Status: repealed

35-06-24. Foreclosure by action

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-24-08 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-08
35-24-08. Date lien arises - Preference over other encumbrances
Status: in_force

35-24-08. Date lien arises - Preference over other encumbrances

The lien provided for in this chapter arises on the date of the furnishing of the first item of

material or services or the date of performance of the first labor. Upon compliance with the

provisions of section 35-24-11, such lien must be preferred to all other titles, charges, liens, or

encumbrances which may attach to or upon any of the property upon which a lien is given by

this chapter subsequent to the date the lien herein provided for arises.
N.D. Cent. Code § 35-01-22 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-22
35-01-22. Lien not extinguished by lapse of time for enforcing main obligation
Status: in_force

35-01-22. Lien not extinguished by lapse of time for enforcing main obligation

A lien is not extinguished by the lapse of the time within which an action can be brought

upon the principal obligation under the provisions of the laws of this state.
N.D. Cent. Code § 35-24-09 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-09
35-24-09. Parity of liens - Exception
Status: in_force

35-24-09. Parity of liens - Exception

All liens affixed by virtue of this chapter upon the same property are of equal standing

except that liens of persons for the performance of labor are preferred to all other liens affixed

by virtue of this chapter.
N.D. Cent. Code § 35-01-17 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-17
35-01-17. Inferior lienholder may redeem - Subrogation
Status: in_force

35-01-17. Inferior lienholder may redeem - Subrogation

Any person who has a lien inferior to another upon the same property has a right:

1. To redeem the property in the same manner as its owner might from the superior lien;

and

2. To be subrogated to all the benefits of the superior lien when necessary for the

protection of the person's interests, upon satisfying the claim secured thereby.
N.D. Cent. Code § 35-13-07 — ND Code / Title 35 / Chapter 35-13 / Section 35-13-07
35-13-07. Nonjudicial disposition of property
Status: in_force

35-13-07. Nonjudicial disposition of property

The person holding a lien under this chapter has the rights of a secured party under article

nine of the Uniform Commercial Code for purposes of nonjudicial disposition of the property. A

person holding a lien under this chapter who chooses to use nonjudicial disposition of the

property shall dispose of the property in the manner prescribed for security interests under

article nine of the Uniform Commercial Code.
N.D. Cent. Code § 35-20-03 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-03
35-20-03. Purchaser's lien on real property for purchase price
Status: in_force

35-20-03. Purchaser's lien on real property for purchase price

One who pays to the owner any part of the price of real property under an agreement for the

sale thereof has a special lien upon the property, independent of possession, for such part of

the amount paid as the person may be entitled to recover in case of a failure of consideration.
N.D. Cent. Code § 35-03-15 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-15
35-03-15. Extension of mortgage - Expiration delayed - Retroactivity
Status: in_force

35-03-15. Extension of mortgage - Expiration delayed - Retroactivity

1. Expiration of a real estate mortgage lien as provided in sections 35-03-14 and

35-03-15.1 does not occur if prior to the date the expiration otherwise would become

effective:

a. An action or proceeding to foreclose is timely and properly commenced and the

summons and complaint in the action are duly filed with the clerk of the court

having jurisdiction, and there is duly recorded in the office of the recorder a

special notice of the pendency of the action, or of the pendency of a proceeding

to foreclose by advertisement;

b. A proceeding to foreclose by advertisement is commenced and a special notice of

the pendency of the proceeding is recorded in the office of the recorder.

c. There is duly recorded in the office of the recorder the statutory notice of intention

to foreclose with proof of service;

d. A deed in lieu of foreclosure purporting to continue the mortgage lien unmerged in

the fee title is duly recorded in the office of the recorder;

e. Actual possession of the mortgaged property is taken and held by the owner of

the mortgage, or the owner of the mortgage recorded a notice of enforcement of

an assignment of rents related to the mortgaged property; or

f. An instrument by or on behalf of the owner of the mortgage or the owner's

authorized agent in affidavit form asserting extension and continuation of the

mortgage lien is duly recorded in the office of the recorder of the county in which

the affected mortgaged real estate or some portion of the affected mortgaged real

estate is situated, provided that no instrument is effective to postpone expiration

of a mortgage lien under this section for more than ten years beyond the date

expiration would have become effective under section 35-03-14, unless the lien

was modified under section 35-03-15.1.

2. The provisions of section 35-03-14 and this section apply to all mortgages, including

those executed or recorded before the effective date of section 35-03-14 and this

section. The provisions of section 35-03-14 and this section do not bar any action,

except foreclosure or enforcement of any lien, or cause any mortgage lien to expire,

until January 1, 1964.
N.D. Cent. Code § 35-15-01 — ND Code / Title 35 / Chapter 35-15 / Section 35-15-01
35-15-01. Miner's lien for work or material furnished to owner or contractor
Status: in_force

35-15-01. Miner's lien for work or material furnished to owner or contractor

Every miner or other person who, at the request of the owner or the agent of the owner of

any lode, lead, ledge, mine, or deposit bearing gold, cinnabar, or copper, or of any coal bank or

mine, or at the request of any contractor or subcontractor, performs any labor on the mine or

furnishes any timber, rope, nails, or any other materials for timbering shafts or levels for the

mine, or who furnishes any kind of materials for erecting any windlass, whims, or any other

hoisting apparatus or machinery, or for any car track, cars, tunnels, drifts, or openings thereon,

or performs any labor in any tunnel, has a lien upon such lode, lead, ledge, mine, deposit, bank,

or tunnel to secure the payment therefor.
N.D. Cent. Code § 35-22-14 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-14
35-22-14. Affidavit of publication - Contents - Filed within sixty days
Status: in_force

35-22-14. Affidavit of publication - Contents - Filed within sixty days

An affidavit, made as provided in section 31-04-06, of the publication of the notice of the

sale and of any postponement must be filed for record by the officer making the sale, in the

office of the recorder of the county in which the real property is situated, within sixty days after

the sale.
N.D. Cent. Code § 35-18-11 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-11
35-18-11. Action on lien - Limitations
Status: in_force

35-18-11. Action on lien - Limitations

An action to enforce a hospital lien must be commenced within one year after the filing of

the lien, except that when the claim for relief against a tort-feasor or insurer has not become

barred or an action is pending involving the question of liability, the lien continues in effect until

the final termination of such action and for a period of one year thereafter.
N.D. Cent. Code § 35-13-03 — ND Code / Title 35 / Chapter 35-13 / Section 35-13-03
35-13-03. Separate articles of personal property may be included in one lien statement
Status: in_force

35-13-03. Separate articles of personal property may be included in one lien

statement.

Any person entitled to a lien under this chapter who makes, alters, or repairs more than one

article of personal property for the same owner or legal possessor may include all the articles of

personal property so made, altered, or repaired within ninety days, or if the property is used for

agricultural purposes within one hundred twenty days, or in the exploration for or the production

of oil or gas within six months, preceding the filing of the lien statement in the same statement,

and the statement has the same force and effect as though a separate statement had been filed

for each article.
N.D. Cent. Code § 35-27-20 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-20
35-27-20. Collateral security does not impair lien - Exception
Status: in_force

35-27-20. Collateral security does not impair lien - Exception

The taking of collateral or other security for an indebtedness for which a lien might be

claimed under the provisions of this chapter in no way impairs the right to the lien unless the

security, by express agreement, is given and received in lieu of the lien.
N.D. Cent. Code § 35-33-03 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-03
35-33-03. Denial of access - Disposal of property
Status: in_force

35-33-03. Denial of access - Disposal of property

If the occupant is in default, the owner may deny the occupant access to the storage space

and enforce the lien by selling the property stored in the storage space. Sale of the property

may be by public or private proceeding and may also be as a unit or in parcels. After the

proceeding, the owner may dispose of any property that was offered for sale but which

remained unsold.
N.D. Cent. Code § 35-33-04 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-04
35-33-04. Custody and control of property
Status: in_force

35-33-04. Custody and control of property

Unless the rental agreement provides otherwise, until a sale under this chapter, the

occupant is responsible for the care, custody, and control of all property stored in the storage

space, unless the owner secures the property elsewhere during the sale proceedings.
N.D. Cent. Code § 35-27-03 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-03
35-27-03. When lien attaches
Status: in_force

35-27-03. When lien attaches

1. As against the legal and equitable owner, subject to section 35-27-02, such liens

attach and take effect from the time the first item of material or labor is furnished upon

the premises for the beginning of the improvement.

2. A lien may not attach against a person that acquires an interest in real estate, in good

faith, without actual or constructive notice of the claimant's rights, before the actual

and visible beginning of the improvement on the subject property.

3. Except as provided in section 35-27-04, all liens under this chapter are preferred to

any unrecorded mortgage or other encumbrance unless the lienholder had actual

notice of the unrecorded interest.
N.D. Cent. Code § 35-01-20 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-20
35-01-20. Extinguishment of lien by sale or conversion of property - Mitigation of damages in conversion
Status: in_force

35-01-20. Extinguishment of lien by sale or conversion of property - Mitigation of

damages in conversion.

The sale of any property in satisfaction of a lien, or in case of personal property, the

wrongful conversion thereof by the person holding the lien, extinguishes the lien thereon. In an

action for the conversion of personal property, the defendant may show in mitigation of

damages the amount due on any lien to which the plaintiff's rights were subject and which was

held or paid by the defendant or any person under whom the defendant claims.
N.D. Cent. Code § 35-20-06 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-06
35-20-06. Factor's lien - Dependent on possession
Status: in_force

35-20-06. Factor's lien - Dependent on possession

A factor has a general lien, dependent on possession, for all that is due to that person as a

factor upon all articles of commercial value that are entrusted to that person by the same

principal.
N.D. Cent. Code § 35-01-02 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-02
35-01-02. Definition of lien
Status: in_force

35-01-02. Definition of lien

A lien is a charge imposed upon specific property by which it is made security for the

performance of an act.
N.D. Cent. Code § 35-15-07 — ND Code / Title 35 / Chapter 35-15 / Section 35-15-07
35-15-07. Chapter applies to oil and gas wells, iron and lead mines, and other mines
Status: in_force

35-15-07. Chapter applies to oil and gas wells, iron and lead mines, and other mines

The provisions of this chapter apply to oil and gas wells, iron and lead mines, and all other

mines not herein specified so far as the same may be applicable.
N.D. Cent. Code § 35-22-21 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-21
35-22-21. Deed - Issuance - Effect
Status: in_force

35-22-21. Deed - Issuance - Effect

If the mortgaged premises are not redeemed, it is the duty of the officer who sold the same,

or that person's successor in office, or some other person appointed by the district court for that

purpose, to complete the sale by executing a deed of the premises sold to the original

purchaser, the original purchaser's heirs or assigns, or to any person who may have acquired

the title and interest of the purchaser by redemption or otherwise. The deed has the same force

and effect as if it had been executed pursuant to a sale under a foreclosure of the mortgage by

an action in which all persons having an interest in or lien upon the property subsequent to the

mortgage were made parties and duly served with process.
N.D. Cent. Code § 35-31-03 — ND Code / Title 35 / Chapter 35-31 / Section 35-31-03
35-31-03. Priority
Status: in_force

35-31-03. Priority

An agricultural supplier's lien obtained under the provisions of this chapter has priority, as to

the crops or agricultural products covered thereby, over all other liens or encumbrances except

any agricultural processor's lien.
N.D. Cent. Code § 35-36-04 — ND Code / Title 35 / Chapter 35-36 / Section 35-36-04
35-36-04. Notice of proceedings
Status: in_force

35-36-04. Notice of proceedings

1. Before conducting a sale, the owner shall deliver in person or send by certified mail a

notice of default to prior lienholders and to the lessee at the lessee's last-known

address. A notice under this section is presumed delivered if the notice is deposited

with the United States postal service and properly addressed with postage prepaid.

The notice must include:

a. A statement that the contents of the portable storage unit are subject to the

owner's lien and that the lessee is denied access to the portable storage unit until

the owner's claim is satisfied;

b. The name of the lessee and the address at which the portable storage unit is

located;

c. A statement of the charges due, the date of default, and a demand for payment of

the charges due within a specified time, which may not be fewer than ten days

after the date of the notice;

d. A statement in bold type providing that, unless the claim is paid within the time

stated, the contents of the portable storage unit will be sold; and

e. The name, address, and telephone number of the owner or other person that the

lessee may contact in response to the notice.

2. In addition to the requirements of subsection 1, an owner shall also publish, once a

week for two consecutive weeks, with the first publication not more than thirty days

before the sale and the last publication at least seven days before the sale, the time,

place, and terms of the sale in a newspaper of general circulation in the county where

the portable storage unit is located.
N.D. Cent. Code § 35-27-14 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-14
35-27-14. Lien not lost for failure to file within time - Exception
Status: in_force

35-27-14. Lien not lost for failure to file within time - Exception

A failure to file within ninety days does not defeat the lien except as against purchasers or

encumbrancers in good faith and for value whose rights accrue before the lien is filed, and as

against the owner to the extent of the amount paid to a contractor before the recording of the

lien. A lien may not be filed more than three years after the date of the first item of material is

furnished.
N.D. Cent. Code § 35-17-08 — ND Code / Title 35 / Chapter 35-17 / Section 35-17-08
35-17-08. Fees - Penalty
Status: in_force

35-17-08. Fees - Penalty

The fee for filing electronically an agister's lien and related documents in the central notice

system is the same as that provided for in section 41-09-96. If a lienholder fails to file

electronically a termination statement within sixty days after the lien has been satisfied, the

lienholder is liable to the debtor for one hundred dollars.
N.D. Cent. Code § 35-06-23 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-23
35-06-23. Sale - Purchase by pledgee or pledgeholder
Status: repealed

35-06-23. Sale - Purchase by pledgee or pledgeholder

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-24-16 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-16
35-24-16. Consolidation of suits to foreclose - Intervention
Status: in_force

35-24-16. Consolidation of suits to foreclose - Intervention

If several actions brought to enforce liens under this chapter on the same property are

pending at the same time, the court may order them to be consolidated. Any claimant having

filed the claimant's statement of lien as herein provided is entitled to intervene in any pending

action brought to enforce a lien on the same property.
N.D. Cent. Code § 35-06-20 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-20
35-06-20. Sale - When pledgor may require
Status: repealed

35-06-20. Sale - When pledgor may require

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-33-06 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-06
35-33-06. Sale of property - Application of proceeds
Status: in_force

35-33-06. Sale of property - Application of proceeds

At any time before the sale, the occupant may pay the amount necessary to satisfy the lien

and redeem the occupant's property. If a sale is held, the owner shall satisfy the lien from the

proceeds of the sale and hold the balance, if any, for delivery on demand to the occupant or any

other recorded lienholder for a period of six months from the date of sale. The owner may retain

any balance unclaimed after the six-month period.
N.D. Cent. Code § 35-24-13 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-13
35-24-13. Bond to indemnify against liens
Status: in_force

35-24-13. Bond to indemnify against liens

1. Whenever any lien or liens are fixed or attempted to be fixed under the provisions of

this chapter, then the owner of the property on which the lien or liens are claimed or

the contractor or subcontractor through whom such lien or liens are claimed, or either

of them, may file a bond with the recorder of the county in which the property is

located as herein provided. Such bond must describe the property on which lien or

liens are claimed, must refer to the lien or liens claimed in a manner sufficient to

identify them, must be in double the amount of the claimed lien or liens referred to, and

must be payable to the party or parties claiming same. Such bond must be executed

by the party filing same as principal and by a corporate surety authorized under the

laws of this state to execute such bonds as surety and must be conditioned

substantially that the principal and surety will pay to the obligees named or their

assigns the amounts of the liens so claimed by them with all costs in the event same

are proven to be liens on such property.

2. Upon the filing of such bond, the person that posted the bond shall send a notice

thereof, together with a copy of the bond, to all obligees named therein, by registered

or certified mail addressed to such obligees at the address set forth in their respective

claims for lien.

3. Such notice, when mailed, must be filed for record by the recorder, and any purchaser

or lender may rely upon the record of such bond and notice in acquiring any interest in

said property and is absolutely protected thereby.

4. Such bond, when filed, takes the place of the property against which any claim for lien

referred to in such bond is asserted. At any time within the period of time provided in

section 35-24-14, any person claiming such lien may sue upon such bond but no

action may be brought upon such bond after the expiration of such period. One action

upon said bond does not exhaust the remedies thereon but each obligee or assignee

of an obligee named therein may maintain a separate suit thereon in any court having

jurisdiction.

5. In case the lienholder recovers in a suit upon the bond, the lienholder is entitled to

recover a reasonable attorney's fee, to be fixed by the court, which must be taxed as

costs in the action.
N.D. Cent. Code § 35-35-05 — ND Code / Title 35 / Chapter 35-35 / Section 35-35-05
35-35-05. Petition to declare lien invalid - Procedure - Order to show cause - Remedies - Order to be filed
Status: in_force

35-35-05. Petition to declare lien invalid - Procedure - Order to show cause -

Remedies - Order to be filed.

1. Any person who has real or personal property or an interest therein, which is subject to

a filed or recorded nonconsensual common-law lien may petition the district court for

the county in which the lien is filed or recorded for an order directing the lien claimant

to appear before the court to show cause why the lien should not be declared void and

the relief provided for by section 35-35-06 granted to the petitioner. The order directing

the lien claimant to appear and show cause may be granted ex parte. The petitioner

shall serve the order and petition on the lien claimant by personal service or by mailing

copies of the petition and order to the lien claimant at the lien claimant's last-known

address.

2. The petition must state the grounds upon which relief is requested, and must be

supported by the affidavit of the petitioner, or the petitioner's attorney, setting forth a

concise statement of the facts upon which the claim for relief is based.

3. Any order rendered under this section must clearly state that if the lien claimant fails to

appear at the time and place noted in the order, the lien must be declared void ab initio

and released and removed from the filing officer's files or records, and the lien

claimant must be ordered to pay damages of one thousand dollars or actual damages,

whichever is greater, and the costs incurred by the petitioner, including reasonable

attorney's fees.

4. If, after a hearing on the matter, the court determines that the document is a

nonconsensual common-law lien, the court shall issue an order declaring the lien void

ab initio, directing the filing officer to release and remove the lien from the files and

records and awarding damages as provided in section 35-35-06 to the petitioner.

5. If the court determines that the lien is not a nonconsensual common-law lien, the court

shall issue an order so stating and may award costs and reasonable attorney's fees to

the prevailing party.

6. The district court clerk shall file a copy of any order rendered pursuant to this section

in the office where the lien was filed.
N.D. Cent. Code § 35-34-02.1 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-02.1
35-34-02.1. Child support lien registry
Status: in_force

35-34-02.1. Child support lien registry

The child support agency shall create a child support lien registry using an interactive

website. The registry shall include a listing of any obligor who owes past-due support that is

being enforced by the child support enforcement agency, the obligor's date of birth, and the

amount of past-due support that is being enforced by the child support enforcement agency.

The lien registry website must be available to the public and support a search by last name of

the obligor and other information provided by the person using the website. Any real or titled

personal property, except the homestead or other property that is exempt under section

28-22-02, of an obligor who is listed on the lien registry or which the obligor thereafter acquires

in this state is subject to a lien. A lien under this section is perfected as of the date the lien is first

listed on the child support lien registry, but is not effective against a good-faith purchaser of titled

personal property unless the lien is recorded on that title. The child support agency must

subordinate its lien under this section upon request of a third party if:

1. The request is accompanied by documentation from the lien registry website showing

the child support lien balance as of the date the third party perfected its interest in the

property, to the extent that the current balance of the child support lien exceeds the

balance when the third party perfected its interest; or

2. The request is made within ninety days of the date the lien is first listed on the child

support lien registry and the third party proves that it attempted to perfect an interest in

the property prior to the creation of the child support lien.
N.D. Cent. Code § 35-22-07 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-07
35-22-07. Notice of sale - Form
Status: in_force

35-22-07. Notice of sale - Form

The notice of sale must be in substantially the following form:

Notice is given that that certain mortgage, executed and delivered by ____________,

mortgagor, to ____________, mortgagee, dated ____________, ____, and filed for record

in the office of the recorder of the county of __________ and state of North Dakota on

__________, ____, and recorded in book ____________ of ____________ at page

_________ (and assigned by said mortgagee to __________), will be foreclosed by a sale

of the premises in such mortgage and hereinafter described at the front door of the

courthouse in the county of ____________ and state of North Dakota at the hour of

__________ o'clock ___m., on ______________, ______, to satisfy the amount due upon

such mortgage on the day of sale. The premises described in such mortgage and which will

be sold to satisfy the same are described as follows: (here insert description and street

address, if any).

There will be due on such mortgage at the date of sale the sum of ____________

dollars.

The failure to include the street address in the notice does not affect the validity of the notice.
N.D. Cent. Code § 35-21-04 — ND Code / Title 35 / Chapter 35-21 / Section 35-21-04
35-21-04. Exception to sureties - Justification by sureties - Discharge of lien
Status: in_force

35-21-04. Exception to sureties - Justification by sureties - Discharge of lien

If the clerk of court receives an exception to the sufficiency of the sureties within seven days

of the date of service, the clerk shall schedule a hearing before the district court judge at which

the sureties may be justified. The clerk shall provide notice of the hearing to both the lien

claimant and the applicant for the discharge by undertaking. Chapter 32-02 governs the

justification of the sureties. If the clerk of court does not receive an exception to the sufficiency

of the sureties, within seven days from the date of service, the clerk of court shall issue an order

stating that the lien is discharged by undertaking and directing either the recorder or the

secretary of state, as appropriate, to file the order of discharge to terminate the lien and to

remove the lien from any computerized index system on which it appears or, in the case of a

lien that is filed manually, to indicate in the margin of the record "discharged by undertaking". If

the sureties justify as provided in this section, and if the undertaking is approved, the judge shall

enter an order that the lien is discharged by undertaking and direct the recorder or the secretary

of state, as appropriate, to file the order of discharge and terminate the lien on any

computerized index system on which it appears or, in the case of a lien that is filed manually, to

indicate in the margin of the record "discharged by undertaking". After the order, the lien is of no

effect.
N.D. Cent. Code § 35-34-05 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-05
35-34-05. Account lien
Status: in_force

35-34-05. Account lien

1. In the case of an account maintained in a financial institution, the child support agency

may establish a lien on the account by serving a notice of lien upon the financial

institution in the manner provided for service of a summons in a civil action or in any

other manner agreed to by the financial institution. The notice must be in a form

prescribed by the child support agency and contain the name, social security number,

or other taxpayer identification number and last-known address of the obligor, the

amount of past-due support for which a lien is claimed, and any other information

required by the child support agency. The notice of lien must state that the child

support obligation is past due and that a copy of the notice of lien has been served on

the obligor by first-class mail at the obligor's last-known address.

2. Upon service of the notice of lien on a financial institution in accordance with this

section, the lien attaches to accounts of the obligor maintained in the financial

institution and freezes all subsequent withdrawals from the account except for funds in

excess of the amount of past-due support for which a lien is claimed under this section

and as provided in subsection 3.

3. Notwithstanding a freeze on an account under subsection 2, the financial institution

may satisfy any right of setoff which exists in connection with an account, payment

orders that were made by the obligor before the financial institution was served with

notice of lien, or other obligations of the obligor based upon written agreements or

instruments made or issued by the obligor before the financial institution was served

with notice of lien.

4. A lien under this section is perfected when the financial institution is served with notice

of the lien.
N.D. Cent. Code § 35-27-28 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-28
35-27-28. General provisions
Status: in_force

35-27-28. General provisions

The general provisions of this title not in conflict with the provisions of this chapter are

applicable to this chapter.
N.D. Cent. Code § 35-27-21 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-21
35-27-21. Complete and independent building - Lien independent of land - Notice to owner
Status: in_force

35-27-21. Complete and independent building - Lien independent of land - Notice to

owner.

In addition to the lien provided by this chapter, but subject to the conditions of section

35-27-02, when material is furnished or labor performed in the erection or construction of an

original, complete, and independent building, structure, or improvement, whether the same is

placed upon a foundation or not, the lien attaches to the building or improvement in preference

to any prior title, claim, lien, encumbrance, or mortgage upon the land upon which the building,

erection, or improvement is erected. Upon the foreclosure of the lien, the building or

improvement may be sold separately from the land and may be removed from the land within

thirty days after the sale. The sale and removal of a structure or improvement separately from

the land operates as a full satisfaction and discharge of the lien upon the real estate. At the time

the material is furnished for such improvement, the seller shall notify the purchaser by delivering

to the purchaser a written notice stating that the seller claims the right to foreclose the lien under

the laws of the state, and in the event that there is a default in payment for the improvement, to

remove the building from the real estate upon which it is placed regardless of whether or not

said building is placed upon a foundation.
N.D. Cent. Code § 35-27-09 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-09
35-27-09. Payment to contractors withheld
Status: in_force

35-27-09. Payment to contractors withheld

The owner may withhold from the owner's contractor so much of the contract price as may

be necessary to meet the demands of all persons, other than such contractor, having a lien

upon the premises for labor, skill, or material furnished for the improvement, and for which the

contractor is liable, and the owner may pay and discharge all such liens and deduct the cost

thereof from such contract price. Any such person having a lien under the contractor in

accordance with section 35-27-02 may serve upon the owner at any time a notice of that

person's claim. The owner, within fifteen days after the completion of the contract, may require

any person having a lien hereunder, by written request therefor, to furnish to the owner an

itemized and verified account of the person's claim, the amount thereof, and the person's name

and address, and no action or other proceeding may be commenced for the enforcement of

such lien until ten days after such statement is so furnished. The word "owner", as used in this

section, includes any person interested in the premises otherwise than as a lienor thereunder.
N.D. Cent. Code § 35-03-12 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-12
35-03-12. Successor or devisee must satisfy mortgage out of that person's property - Exception
Status: repealed

35-03-12. Successor or devisee must satisfy mortgage out of that person's property -

Exception.

Repealed by S.L. 1973, ch. 257, § 82.
N.D. Cent. Code § 35-27-10 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-10
35-27-10. Mingling of charges defeats right to lien
Status: in_force

35-27-10. Mingling of charges defeats right to lien

The mingling of charges for materials to be used in the construction, alteration, repair, or

improvement of the property of different persons, except in the cases of joint ownership or

ownership in common, defeats the right to a lien against either or any of such persons.