N.D. Cent. Code § 35-35-04 — ND Code / Title 35 / Chapter 35-35 / Section 35-35-04
35-35-04. Lien claimant may petition court - Procedure - Order to show cause - Remedies - Order to be filed
Status: in_force

35-35-04. Lien claimant may petition court - Procedure - Order to show cause -

Remedies - Order to be filed.

1. Any person who submits for filing or recording a lien against real or personal property

which is rejected by the filing officer as a nonconsensual common-law lien may petition

the district court of the county in which the document was rejected for an order

directing the filing officer to file or record the document pending a hearing on whether

the document constitutes a nonconsensual common-law lien. The order may be

granted ex parte. The lien claimant, as petitioner, shall appear at a time scheduled by

the court and show cause why the document should not be declared a nonconsensual

common-law lien with no legal effect and relief as provided in section 35-35-06 granted

to the person against whom the document was attempted to be filed.

2. The petition must state the grounds upon which relief is sought 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 document must be declared a

nonconsensual common-law lien with no legal effect and the lien claimant must be

ordered to pay damages to the person against whom the document was attempted to

be filed in the amount of one thousand dollars or actual damages, whichever is

greater, and costs, 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 so declaring, and

declaring the document to have no legal effect and awarding damages as provided in

section 35-35-06 to the person against whom the document was attempted to be filed.

5. If the court determines that the document 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 of the filing officer who rejected the document for filing.
N.D. Cent. Code § 35-06-01 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-01
35-06-01. Pledge defined
Status: in_force

35-06-01. Pledge defined

Pledge is a deposit of personal property as security for the performance of another act.

Every contract by which the possession of personal property is transferred as security only is a

pledge and its validity and effect are governed by the provisions of this chapter except as

modified by the provisions of title 41.
N.D. Cent. Code § 35-22-17 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-17
35-22-17. Copy of affidavit of publication to be mailed
Status: in_force

35-22-17. Copy of affidavit of publication to be mailed

Within ten days after the filing of the affidavit of publication of the notice of mortgage

foreclosure in any foreclosure of a real estate mortgage by advertisement, a copy of the affidavit

of publication must be mailed by certified mail to the record title owner and to every subsequent

mortgagee whose mortgage appears on record, addressed to the person at the post office

shown of record in the recorder's office. If no post-office address appears of record, the copy

must be addressed to the post office located nearest to the land described in the certificate of

sale.
N.D. Cent. Code § 35-15-05 — ND Code / Title 35 / Chapter 35-15 / Section 35-15-05
35-15-05. Account filed with clerk - Recorded by clerk - Liens concurrent and paid pro rata
Status: in_force

35-15-05. Account filed with clerk - Recorded by clerk - Liens concurrent and paid

pro rata.

Any person entitled to a lien under this chapter shall make a verified account in writing of

the items of labor and material furnished and, within sixty days from the time of completing the

labor or furnishing the last item of materials, shall file the account in the office of the clerk of the

district court of the county where the lode, lead, ledge, mine, deposit, bank, or tunnel for which

labor or material is furnished is situated. The person shall file, with the account, a correct

description of the property to be charged with the lien. The account and description must be

recorded in a separate record and filing system to be provided for that purpose by the clerk of

court. Thereupon the account will operate as a lien on the property charged in the description

from the time of the completion of the work or furnishing the last item of material, and for one

year thereafter. When labor or materials have been furnished under a written contract, the

contract or a copy thereof must be filed with the account and description. All lien claims for labor

or materials furnished must be concurrent liens upon the property charged and must be paid pro

rata out of the proceeds arising from the sale of the property, if sold, or upon settlement without

sale.
N.D. Cent. Code § 35-01-03 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-03
35-01-03. Classification of liens - General - Special - Definition
Status: in_force

35-01-03. Classification of liens - General - Special - Definition

Liens are either general or special:

1. A general lien is one which the holder thereof is entitled to enforce as a security for the

performance of all the obligations, or all of a particular class of obligations, which exist

in the holder's favor against the owner of the property.

2. A special lien is one which the holder thereof can enforce only as a security for the

performance of a particular act or obligation and of the obligations that may be

incidental thereto.
N.D. Cent. Code § 35-22-19 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-19
35-22-19. Failure to mail notices - Liability
Status: in_force

35-22-19. Failure to mail notices - Liability

The failure to comply with sections 35-22-17 and 35-22-18 in no way invalidates the

foreclosure proceedings nor affects the title to the property involved, but such failure renders the

state liable in a civil action to the person entitled to a copy of the affidavit of publication herein

described for any damage sustained by the person by reason of such failure.
N.D. Cent. Code § 35-06-06 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-06
35-06-06. Pledge to secure another's obligation - Effect - Withdrawal
Status: in_force

35-06-06. Pledge to secure another's obligation - Effect - Withdrawal

Property may be pledged as security for the obligation of a person other than the owner and

in so doing the owner has all the rights of a pledgor for the owner except that one who pledges

property as security for the obligation of another cannot withdraw the property pledged

otherwise than as a pledgor might, and if the owner receives from the debtor a consideration for

the pledge, the owner cannot withdraw it without the debtor's consent.
N.D. Cent. Code § 35-15-02 — ND Code / Title 35 / Chapter 35-15 / Section 35-15-02
35-15-02. Verified account to owner - Amount deducted from payment to contractor
Status: in_force

35-15-02. Verified account to owner - Amount deducted from payment to contractor

Any miner or other person doing and performing any work or furnishing any material as

specified in section 35-15-01 under a contract, either express or implied, between the owner of

any mine or the mine owner's agent, and any contractor working on such mine, whether such

work is performed or materials furnished as miner, laborer, or otherwise, whose demand for

work so performed or materials so furnished has not been paid, may deliver to the owner of

such mine or tunnel or to the owner's agent or superintendent a verified account of the amount

in value of the work and labor performed or of the materials furnished and remaining unpaid,

and thereupon, the owner or the owner's agent shall retain out of the first subsequent payments

to the contractor the amount due for the work and labor or materials furnished for the benefit of

the person performing or furnishing the same.
N.D. Cent. Code § 35-30-02 — ND Code / Title 35 / Chapter 35-30 / Section 35-30-02
35-30-02. Procedure to obtain lien
Status: in_force

35-30-02. Procedure to obtain lien

1. To obtain an agricultural processor's lien, the person entitled to the lien, within ninety

days after the processing is completed, shall file electronically a statement in the

central indexing system. The statement must contain the following information:

a. The name and address of the person for whom the processing was done.

b. The name and address of the processor.

c. A description of the crops or agricultural products and their amount, if known,

subject to the lien together with a reasonable description, including the county as

to the location where the crops or agricultural products were grown and the year

the crop is to be harvested or was harvested.

d. The price agreed upon for processing, or if no price was agreed upon, the

reasonable value of the processing.

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 processing was done.

f. A description of the processing services and the first date the services were

furnished.

2. 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

processor's lien is filed, a billing statement for the services performed must include

notice to the agricultural producer that if the amount due to the agricultural processor

is not satisfied a lien may be filed.
N.D. Cent. Code § 35-22-16 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-16
35-22-16. Affidavit of publication recorded - Effect of in evidence
Status: in_force

35-22-16. Affidavit of publication recorded - Effect of in evidence

The affidavit of publication must be recorded in the office of the recorder of the county in

which the real property is situated in a record kept for mortgages. The original affidavit, the

record thereof, and certified copies of the record are prima facie evidence of the facts contained

in the record.
N.D. Cent. Code § 35-30-05 — ND Code / Title 35 / Chapter 35-30 / Section 35-30-05
35-30-05. Amendment of lien
Status: in_force

35-30-05. 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

processor's lien that has been filed pursuant to section 35-30-02. The amendment or

assignment of a lien does not affect the priority of the lien.
N.D. Cent. Code § 35-01-09 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-09
35-01-09. Recorder to file and index lien
Status: in_force

35-01-09. Recorder to file and index lien

The recorder shall file and index a statutory lien upon personal property required by law to

be filed in the recorder's office, designating the person filing the lien as lien creditor and the

person against whom the lien is filed as debtor.
N.D. Cent. Code § 35-37-05 — ND Code / Title 35 / Chapter 35-37 / Section 35-37-05
35-37-05. Rights of first purchasers
Status: in_force

35-37-05. Rights of first purchasers

Neither this chapter nor the filing of a lien permitted under this chapter affects the time at

which legal title to the oil and gas may pass from an interest owner or operator to a first

purchaser or the ownership of the oil and gas before severed as reflected by the records

affecting real property or the right of a first purchaser to take or receive oil and gas under the

terms of a division order or similar agreement for the sale and purchase of oil or gas.

Notwithstanding this chapter, a first purchaser or purchaser is free to transport products out of

the state and to sell the products without permission or release of lien.
N.D. Cent. Code § 35-06-19 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-19
35-06-19. Redemption - Procedure
Status: repealed

35-06-19. Redemption - Procedure

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-15-03 — ND Code / Title 35 / Chapter 35-15 / Section 35-15-03
35-15-03. Duty of owner - Delivery of copy to contractor - Notice - Disputed claim - Payment of claim
Status: in_force

35-15-03. Duty of owner - Delivery of copy to contractor - Notice - Disputed claim -

Payment of claim.

Whenever any account for labor performed or materials furnished as specified in section

35-15-02 is placed in the hands of the owner of any mine or tunnel or the owner's agent, it is the

duty of the owner or agent to furnish the contractor with a copy of the papers so that if there is

any disagreement between such contractor or the contractor's subcontractor and the creditor of

either, they, by amicable adjustment or by arbitration, may ascertain the sum due, if any. If the

contractor or subcontractor does not give the owner or the owner's agent written notice within

ten days after the receipt of the papers that the contractor or subcontractor intends to dispute

the claim, or if ten days after giving the notice the contractor or subcontractor refuses or

neglects to have the matter adjusted, the contractor or subcontractor shall be considered to

have assented thereto, and such owner or the owner's agent may pay the amount when it

becomes due, and for that purpose may deduct the amount out of any moneys due the

contractor who in like manner may deduct the amount from any moneys due from the contractor

to the contractor's subcontractor in case the account or demand is against a subcontractor for

work and labor performed or materials furnished.
N.D. Cent. Code § 35-01-11 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-11
35-01-11. Obligation to perform not to be implied from creation of lien
Status: in_force

35-01-11. Obligation to perform not to be implied from creation of lien

The creation of a lien does not of itself imply that any person is bound to perform the act for

which the lien is a security.
N.D. Cent. Code § 35-03-11 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-11
35-03-11. Certificate of discharge - How recorded
Status: in_force

35-03-11. Certificate of discharge - How recorded

A certificate of the discharge of a mortgage and proof or acknowledgment of the discharge

must be recorded at length and a reference made in the record to the book and page or

document number where the mortgage is recorded and of the minute of the discharge, made

upon the record of the mortgage, to the book and page or document number where the

discharge is recorded.
N.D. Cent. Code § 35-06-17 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-17
35-06-17. Foreclosure of pledged evidence of debt - Demand
Status: repealed

35-06-17. Foreclosure of pledged evidence of debt - Demand

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-22-20 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-20
35-22-20. Redemption - Who may redeem - Notice to officer making sale
Status: in_force

35-22-20. Redemption - Who may redeem - Notice to officer making sale

The property sold may be redeemed in like manner and with the same effect as is provided

for redemption of real property sold upon execution in chapter 28-24 so far as the same may be

applicable by:

1. The mortgagor or the mortgagor's successor in interest of the whole or any part of the

property.

2. A creditor having a lien by judgment or mortgage on the property sold, or on some

share or part thereof, subsequent to that on which the property was sold.

Such creditor is termed a redemptioner and has all the rights of a redemptioner under that

chapter, and the mortgagor or the mortgagor's successor in interest has all the rights of the

judgment debtor and the judgment debtor's successor in interest as provided therein. The notice

of redemption required to be given to the sheriff under that chapter, in foreclosure by

advertisement, may be given to the officer making the sale.
N.D. Cent. Code § 35-03-05 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-05
35-03-05. Form of real estate mortgage
Status: in_force

35-03-05. Form of real estate mortgage

A mortgage of real property may be made in substantially the following form:

NORTH DAKOTA STANDARD FORM

THIS INDENTURE, Made this ____________ day of __________ A.D. Two thousand

____________________ between _____________ whose post-office address is _________ of

the county of ______________ and state of North Dakota, part ___________ of the first part,

and ______________ whose post-office address is _______________________ of the county

of ____________ and state of North Dakota, party of the second part:

WITNESSETH, That the said part ____________ of the first part, for and in consideration of

the sum of _____________ dollars to ____________ in hand paid by the said party of the

second part, the receipt whereof is hereby acknowledged, do ____________ by these presents

grant, bargain, sell, and convey to the said party of the second part, _____________ heirs,

executors, administrators, successors, and assigns, forever, all the following described real

estate in the county of ____________ and state of North Dakota, described as follows, to wit:

__________ __________________

_______________________________________________________________________________

TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and

appurtenances thereunto belonging or in anywise appertaining, unto the said party of the

second part, _________________ heirs, executors, administrators, successors, and assigns,

FOREVER. And the said part ____________ of the first part, do _______________ covenant

with the said party of the second part, ____________ heirs, executors, administrators,

successors, and assigns, as follows: That __ he ___ ha ______ good right to convey the same,

that the same are free from all

encumbrances _____________________________________________________________

and that the said party of the second part, __________ heirs, executors, administrators,

successors, and assigns, shall quietly enjoy and possess the same, and that the said part

____________ of the first part will warrant and defend the title to the same against all lawful

claims, hereby relinquishing and conveying all right of homestead, and all contingent claims and

rights whatsoever in and to the said premises.

PROVIDED, NEVERTHELESS, That if the said part ___________ of the first part,

____________ heirs, executors, or administrators, shall well and truly pay, or cause to be paid,

to the said party of the second part, ____________ heirs, executors, administrators,

successors, or assigns, the sum of ______________ dollars and interest according to the

conditions of ____________ note _____________ of even date herewith, as follows:

____________________________________

______________________________________________________________________________

______________________________________________________________________________

payable at the _______________________________________ with interest from date until

maturity, at the rate of _________________ percent, per annum, payable ___________

annually and shall also keep and perform all and singular the covenants and agreements herein

contained, then this deed to be null and void, and the premises hereby conveyed to be released

at the cost of the said part _____________ of the first part; otherwise to remain in full force and

effect.

And the said part __________ of the first part do ___________ covenant and agree with the

said party of the second part, ___________ heirs, executors, administrators, successors, and

assigns to pay the said sum of money and interest thereon as above specified; to pay as a part

of the debt hereby secured, in case of each or any foreclosure or commencement of foreclosure

of this mortgage, all costs and expenses and statutory attorney's fees in addition to all sums and

costs allowed in that behalf by law; to permit no waste, and to do or permit to be done, to said

premises, nothing that may in any manner impair or weaken the security under this mortgage; to

pay all taxes or assessments that may be assessed against or be a lien on said premises, or

any part thereof, or upon this mortgage or note ____________ or the legal holder thereof,

before the same shall become delinquent; to keep the buildings on said premises insured for

____________ dollars, in companies acceptable, with loss payable to the mortgagee or

__________ assigns; and in case of failure so to pay said taxes or assessments, or any of the

agreements hereunder, or in case there exists any claim, lien, or encumbrance upon said

premises, which is prior to this mortgage, the said party of the second part, ____________

heirs, executors, administrators, successors, or assigns may at ____________ option, pay and

discharge such taxes or other obligation, and the sum or sums of money which may so be paid,

with interest from the time of payment at the same rate as said principal sum, shall be deemed

and are hereby declared to be a part of the debt secured by this mortgage and shall be

immediately due and payable. It is further agreed and understood that this mortgage shall also

cover any renewal note for the above described indebtedness or any portion thereof.

But if default shall be made in the payment of said sum of money, or interest, or the taxes,

or any part thereof, at the time and in the manner hereinbefore or hereinafter specified for the

payment thereof, the said part ____________ of the first part, in such cases do _______ hereby

authorize and fully empower the said party of the second part, _________ heirs, executors,

administrators, successors, or assigns, to sell the said hereby granted premises and convey the

same to the purchaser, in fee simple agreeably to the statute in such case made and provided,

and out of the moneys arising from such sale to retain the principal and interest which shall then

be due on said note ____________, and all taxes upon said lands, together with all costs and

charges, and statutory attorney's fees, and pay the overplus if any to the said part

____________ of the first part, _____________ heirs, executors, administrators, or assigns,

And if default be made by the part ____________ of the first part in any of the foregoing

provisions it shall be lawful for the party of the second part, ____________ heirs, executors,

administrators, successors, or assigns or ____________ attorney to declare the whole sum

above specified to be due.

IN TESTIMONY WHEREOF, The said part ___________ of the first part ha ___ hereunto

set ______ hand ______ the day and year first above written.

Signed and delivered

in presence of _____________________________

______________________________ _____________________________

______________________________ _____________________________
N.D. Cent. Code § 35-20-15.1 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-15.1
35-20-15.1. Amendment of lien for unpaid earned property or casualty insurance premiums
Status: in_force

35-20-15.1. Amendment of lien for unpaid earned property or casualty insurance

premiums.

A lienholder may file 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 a means to amend electronically or assign the unpaid earned property or casualty

insurance premium lien that has been filed under section 35-20-15. The amendment or

assignment of a lien does not affect the priority of the lien.
N.D. Cent. Code § 35-01-24 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-24
35-01-24. Satisfaction of lien before maturity
Status: in_force

35-01-24. Satisfaction of lien before maturity

Any lien or mortgage upon property may be satisfied by the mortgagor before the date of

maturity by the payment or tender of the full amount which would be due on the date of maturity.
N.D. Cent. Code § 35-27-18 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-18
35-27-18. Construction lien on railway contracts obtainable
Status: in_force

35-27-18. Construction lien on railway contracts obtainable

Every person that furnishes any labor, skill, or material for constructing, altering, or repairing

any line of railway, or any improvement or structure appertaining to any line of railway by virtue

of any contract with the owner, or the owner's agent, contractor, or subcontractor authorized in

writing to contract for the owner, has a lien upon the line of railway and the right of way of the

railway, and upon all bridges, depots, offices, and other structures appertaining to the line of

railway, and all franchises, privileges, and immunities granted to the legal or equitable owner of

the line of railway for the construction and operation of the railway, to secure the payment for

the labor, skill, and materials, upon recording a lien, within ninety days from the last day of the

month in which the labor or material was furnished, but a failure to record within the ninety days

does not defeat the lien except to the extent specified in section 35-27-14.
N.D. Cent. Code § 35-17-01 — ND Code / Title 35 / Chapter 35-17 / Section 35-17-01
35-17-01. Agister's lien authorized
Status: in_force

35-17-01. Agister's lien authorized

Any person to whom any animal is entrusted by the owner thereof for the purpose of

feeding, herding, pasturing, or ranching has a lien upon the animals for the amount that may be

due for feeding, herding, pasturing, or ranching, and is authorized to retain possession of the

animal until the amount is paid. This section does not apply to stolen stock.
N.D. Cent. Code § 35-35-01 — ND Code / Title 35 / Chapter 35-35 / Section 35-35-01
35-35-01. Definitions
Status: in_force

35-35-01. Definitions

1. "Filing officer" includes a county recorder, the secretary of state, and any other

government employee who is required in the course of the employee's duties to file or

record liens.

2. "Nonconsensual common-law lien" means a document that purports to assert a lien

against real or personal property of any person and:

a. Is not expressly provided for by a specific state or federal statute;

b. Does not depend upon the consent of the owner of the property affected; and

c. Is not an equitable or constructive lien imposed by a state or federal court of

competent jurisdiction.
N.D. Cent. Code § 35-27-17 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-17
35-27-17. Single contract for several buildings - Amount of claim apportioned
Status: in_force

35-27-17. Single contract for several buildings - Amount of claim apportioned

If labor is done or materials furnished under a single contract for several buildings,

structures, or improvements, the person furnishing the same is entitled to a lien therefor, subject

to section 35-27-02, as follows:

1. If the improvements are upon a single farm, tract, or lot, upon all such buildings,

structures, and improvements and the farm, tract, or lot upon which the same are

situated.

2. If the improvements are upon separate farms, tracts, or lots, upon all the buildings,

structures, and improvements and the farms, tracts, or lots upon which the same are

situated, but upon the foreclosure of the lien the court, in the cases provided for in this

subsection, may apportion the amount of the claim among the several farms, tracts, or

lots in proportion to the enhanced value of the same produced by means of the labor

or materials, if such apportionment is necessary to protect the rights of third persons.
N.D. Cent. Code § 35-24-19 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-19
35-24-19. Allowance of reasonable attorney's fee in foreclosure
Status: in_force

35-24-19. Allowance of reasonable attorney's fee in foreclosure

In any action brought to enforce a lien prescribed by this chapter, the party for whom

judgment is rendered is entitled to recover a reasonable attorney's fee, to be fixed by the court,

which must be taxed as costs in the action. No costs may be taxed against the owner when the

owner has paid into court, at least ten days before trial, the maximum amount of the owner's

liability as limited under section 35-24-07.
N.D. Cent. Code § 35-27-11 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-11
35-27-11. Itemized account and demand conditions precedent to obtaining lien for materials
Status: repealed

35-27-11. Itemized account and demand conditions precedent to obtaining lien for

materials.

Repealed by S.L. 2009, ch. 293, § 16.
N.D. Cent. Code § 35-03-09 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-09
35-03-09. Defeasance must be recorded - Effect of failure to record
Status: in_force

35-03-09. Defeasance must be recorded - Effect of failure to record

When a grant of real property purports to be an absolute conveyance but is intended to be

defeasible on the performance of certain conditions, the grant is not defeated or affected as

against subsequent purchasers or encumbrancers in good faith and for value, unless an

instrument of defeasance duly executed and acknowledged is recorded in the office of the

recorder of the county where the property is situated.
N.D. Cent. Code § 35-03-15.1 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-15.1
35-03-15.1. Modification of mortgage - Expiration delayed
Status: in_force

35-03-15.1. Modification of mortgage - Expiration delayed

1. Expiration of a real estate mortgage under section 35-03-14 does not occur if before

the date the expiration would become effective a mortgage modification is recorded in

the office of the recorder. A modified mortgage expires as provided under section

35-03-14, unless the modified mortgage is extended under section 35-03-15 or

subsequently modified. If a modified mortgage is extended or subsequently modified,

the mortgage expires as follows:

a. If the final maturity date is ascertainable from the record of the mortgage

modification, the lien of the mortgage expires ten years after the final maturity

date.

b. If the final maturity date of the mortgage is not ascertainable from the record of

the original mortgage or a mortgage modification, the lien of the mortgage expires

ten years after the date the last mortgage modification is filed for record in the

office of the recorder.

2. As used in this section, "mortgage modification" means a written instrument amending

at least one term of an original mortgage which:

a. References the original mortgage by recording date and document number; and

b. Is signed by the mortgagor, or the mortgagor's successor in interest, and the

owner of the mortgage.
N.D. Cent. Code § 35-22-04 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-04
35-22-04. Foreclosure by advertisement enjoined - Procedure
Status: in_force

35-22-04. Foreclosure by advertisement enjoined - Procedure

When the mortgagee or the mortgagee's assignee has served notice of intention to

foreclose a mortgage, and within the period provided by such notice it is made to appear by the

affidavit of the mortgagor, or any person claiming under the mortgagor, or the mortgagor's agent

or attorney, to the satisfaction of a judge of the district court of the county where the mortgaged

property is situated, that the mortgagor has a legal counterclaim or any other valid defense

against the collection of the whole or any part of the amount claimed to be due on such

mortgage, which proof must be made by affidavit stating the facts, but not on information and

belief, such judge, by an order to that effect, may enjoin the mortgagee or the mortgagee's

assignee from foreclosing the mortgage by advertisement and may direct that all further

proceedings for the foreclosure thereof be had in the district court having jurisdiction of the

subject matter. After the expiration of the period provided by the notice of intention, an order

enjoining the foreclosure by advertisement shall be made only on motion or order to show

cause. Notice of such motion, together with the affidavit used in support thereof, must be served

upon the attorney or agent of the mortgagee or assignee in the same manner as service of

other notices of motion, not less than eight days before the hearing thereon. The affidavit in

support of the motion must state the facts upon which the application is made, may not be on

information and belief, and must disclose a legal counterclaim or other valid defense to the

collection of the whole or some part of the amount claimed to be due on the mortgage. Upon the

hearing of the motion, the judge may enjoin the foreclosure of the mortgage by advertisement in

the same manner as if the application had been made ex parte within the period of the notice of

intention to foreclose. Service of the restraining order may be made upon the attorney or agent

of the mortgagee or assignee, if the order was obtained ex parte, or if obtained on motion or

order to show cause, it may be served upon the attorney or agent or upon the sheriff of the

county where the foreclosure sale is to be had. If the notice of intention does not disclose the

address of a resident agent or attorney, the order may be served upon such sheriff.
N.D. Cent. Code § 35-27-01 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-01
35-27-01. Definitions
Status: in_force

35-27-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Contract" means any agreement for improving real property, written or unwritten,

express or implied.

2. "Improve" means to build, erect, place, make, alter, remove, repair, or demolish any

improvement upon, connected with, or beneath the surface of any land, or excavate

any land, or furnish materials for any of these purposes, or dig or construct any fences,

wells, or drains upon the improvement, or perform any labor or services upon the

improvement; perform any architectural services, construction staking, engineering,

land surveying, mapping, or soil testing upon or in connection with the improvement; or

perform any labor or services or furnish any materials in laying upon the real estate or

in the adjoining street or alley any pipes, wires, fences, curbs, gutters, paving, sewer

pipes or conduit, or sidewalks, or in grading, seeding, sodding, or planting for

landscaping purposes, or in equipping any such improvement with fixtures or

permanent apparatus.

3. "Improvement" means any building, structure, erection, construction, alteration, repair,

removal, demolition, excavation, landscaping, or any part thereof, existing, built,

erected, improved, placed, made, or done on real estate for its permanent benefit.

4. "Materials" means materials or fixtures that are incorporated in the improvement and

those which become normal wastage in construction operations, custom or specially

fabricated materials for incorporation in the improvement, building materials used for

construction, but not remaining in the improvement, subject to diminution by the

salvage value of the materials, tools, appliances, or machinery, excluding hand tools,

used in the construction of the improvement to the extent of the reasonable value for

the period of actual use. The rental value is not determinable by the contract for rental

unless the owner is a party to the rental contract.

5. "Owner" means the legal or equitable owner and also every person for whose

immediate use and benefit any building, erection, or improvement is made, having the

capacity to contract, including guardians of minors or other persons.

6. "Person" means every natural person, fiduciary, association, corporation, or limited

liability company.

7. "Subcontractor" means a person contributing any skill, labor, or materials to the

improvement which does not have a direct contract with the owner; and, includes any

person that enters a contract with a subcontractor, for the performance of any part of

the subcontractor's contract.
N.D. Cent. Code § 35-06-16 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-16
35-06-16. Sale must be by public auction - Notice of sale
Status: repealed

35-06-16. Sale must be by public auction - Notice of sale

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-03-16 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-16
35-03-16. Satisfaction of mortgage - Discharge - Form - Power of attorney
Status: in_force

35-03-16. Satisfaction of mortgage - Discharge - Form - Power of attorney

A recorded mortgage must be discharged upon the record by the recorder having custody of

the mortgage on the presentation of a certificate of discharge signed by the mortgagee, the

mortgagee's executors, administrators, guardians, trustees, assigns, personal representatives,

or special administrators appointed for that purpose, properly acknowledged or proved and

certified as prescribed by chapter 47-19. The certificate of discharge must contain a brief

description of the mortgage and must state that the mortgage has been paid in full or otherwise

satisfied and discharged and that the officer is authorized to discharge the mortgage of record.

Any person executing a certificate of discharge as a personal representative of the mortgagee

first shall file and have recorded in the office of the recorder where the mortgage is recorded a

power of attorney showing the person's authority to discharge mortgages in behalf of the

mortgagee and in the mortgagee's name. The mortgagee shall present the certificate of

discharge to the recorder for recording in the county in which the property is located within thirty

days after the certificate of discharge is signed. The mortgagee may add the amount of the

recording fee to the balance of the debt paid by the mortgagor. A certificate of the satisfaction of

a mortgage may be made in substantially the following form:

This certifies that a certain mortgage executed by ____________ of ____________,

mortgagor, to ____________ of ____________, mortgagee, dated the ____________ day of

____________ in the year __________, upon the ____________ (here describe the property

covered by the mortgage) and recorded in the office of the recorder in and for the county of

____________ and state of North Dakota, in book ____________ of mortgages on page

__________ or as document number __________, is paid and satisfied; and ____________

hereby authorize and require the recorder to discharge the mortgage of record in the recorder's

office.

Witness ____________ hand this ____ day of __________ A.D.

___________________________ (Acknowledgment).
N.D. Cent. Code § 35-15-06 — ND Code / Title 35 / Chapter 35-15 / Section 35-15-06
35-15-06. Foreclosure - When lienholders joined in action
Status: in_force

35-15-06. Foreclosure - When lienholders joined in action

Any person holding a miner's lien may foreclose the same in the same manner as a

construction lien may be foreclosed. In an action for the foreclosure of such lien, each person

claiming a lien upon the property charged must be made a party to the action, and the rights of

all parties must be determined by the court and such order made in regard thereto as shall

preserve and protect the rights of all parties.
N.D. Cent. Code § 35-22-06 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-06
35-22-06. Notice - Published six times
Status: in_force

35-22-06. Notice - Published six times

Notice that the mortgage will be foreclosed by a sale of the mortgaged premises or some

part thereof must be given by publishing the same six times, once in each week for six

successive weeks, in a newspaper published in the county where the premises intended to be

sold, or some part thereof, are situated, if there is one, and if not, then in some newspaper

published in an adjoining county.
N.D. Cent. Code § 35-33-09 — ND Code / Title 35 / Chapter 35-33 / Section 35-33-09
35-33-09. Validity of certain rental agreements
Status: in_force

35-33-09. Validity of certain rental agreements

Any rental agreement entered before August 1, 2021, remains valid and may be enforced or

terminated in accordance with its terms or as permitted by any other law of this state.
N.D. Cent. Code § 35-03-14 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-14
35-03-14. Expiration of real estate mortgages
Status: in_force

35-03-14. Expiration of real estate mortgages

1. Unless extended or modified as specified in sections 35-03-15 and 35-03-15.1, the lien

created by a mortgage of North Dakota real estate and all notice from the record of the

lien expires as to all persons and for all purposes as follows:

a. If the final maturity date is ascertainable from the record of the mortgage, the lien

of the mortgage expires ten years after the final maturity date.

b. If the final maturity date of the mortgage is not ascertainable from the record, the

lien of the mortgage expires ten years after the date the mortgage is filed for

record in the office of the recorder.

2. Expiration of a mortgage lien under this section is equivalent for all purposes to proper

discharge of the mortgage of record, and execution or recordation of a discharge

instrument is not necessary to terminate a mortgage lien that has expired. Satisfaction

of mortgage in the common form may be recorded at any time.

3. Expiration of a mortgage lien as provided in this section occurs notwithstanding that

the right to foreclose the mortgage has not been or might not be barred by the defense

of limitations, whether tolled by nonresidence, disability, death, part payment,

acknowledgment, extension, new promise, or waiver, and occurs notwithstanding any

provisions of the Federal Soldiers' and Sailors' Civil Relief Act.
N.D. Cent. Code § 35-29-06 — ND Code / Title 35 / Chapter 35-29 / Section 35-29-06
35-29-06. Short title
Status: in_force

35-29-06. Short title

This chapter may be cited as the Uniform Federal Lien Registration Act.
N.D. Cent. Code § 35-21-05 — ND Code / Title 35 / Chapter 35-21 / Section 35-21-05
35-21-05. Fee - Certified copies as evidence
Status: in_force

35-21-05. Fee - Certified copies as evidence

The clerk may charge a fee as prescribed in subdivision d of subsection 1 of section

27-05.2-03 to be paid in advance by the applicant. Certified copies of the documents are prima

facie evidence, in the courts of this state, of the matters they contain.
N.D. Cent. Code § 35-24-04 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-04
35-24-04. Subcontractor's lien
Status: in_force

35-24-04. Subcontractor's lien

Any person who shall, under contract, perform any labor or furnish any material or services

as a subcontractor under an original contractor or for or to an original contractor or a

subcontractor under an original contractor, is entitled to a lien upon all the property upon which

the lien of an original contractor may attach to the same extent as an original contractor, and the

lien provided for in this section shall further extend and attach to all materials and fixtures

owned by such original contractor or subcontractor to or for whom the labor is performed or

material or services furnished and used or employed, or furnished to be used or employed in the

drilling or operating of such oil or gas wells, or in the construction of such pipeline.
N.D. Cent. Code § 35-05-02 — ND Code / Title 35 / Chapter 35-05 / Section 35-05-02
35-05-02. Lien on crops - Limitation - Exceptions
Status: repealed

35-05-02. Lien on crops - Limitation - Exceptions

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 35-20-16 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-16
35-20-16. Procedure to obtain unpaid earned property or casualty insurance premium lien - Filing
Status: in_force

35-20-16. Procedure to obtain unpaid earned property or casualty insurance premium

lien - Filing.

The secretary of state shall provide a means to obtain electronically a lien under this section

and also be entered in the central indexing system. Any person entitled to an unpaid earned

property or casualty insurance premium lien, within ninety days after termination of coverage,

shall file in the central indexing system and with any loss payee named in the policy, an

electronic statement stating all of the following:

1. The name and address of the policyholder.

2. The name and address of the lienholder.

3. The nature and quantity of insurance coverage provided.

4. The amount of unpaid earned premium.

5. A description of the property covered by the insurance and subject to the lien.

6. That a lien is claimed upon the property described.

7. The name of the county or counties where the property is located.

8. The social security number of the debtor, or in the case of a debtor doing business

other than as an individual, the internal revenue service taxpayer identification number

of that person.
N.D. Cent. Code § 35-34-11 — ND Code / Title 35 / Chapter 35-34 / Section 35-34-11
35-34-11. Persons aggrieved
Status: repealed

35-34-11. Persons aggrieved

Repealed by S.L. 2001, ch. 152, § 10.
N.D. Cent. Code § 35-27-22 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-22
35-27-22. Order of priority of classes of construction liens
Status: in_force

35-27-22. Order of priority of classes of construction liens

1. Liens perfected under this chapter have priority in the following order:

a. For manual labor.

b. For materials.

c. Subcontractors other than manual laborers.

d. Original contractors.

2. Liens for manual labor filed within the ninety-day period must share ratably in the

security. Liens for manual labor filed after the ninety-day period have priority in the

order of the filing of such liens. Liens for materials filed within the ninety-day period

must share ratably in the security and liens filed after the ninety-day period have

priority in the order of the filing of such liens.
N.D. Cent. Code § 35-29-05 — ND Code / Title 35 / Chapter 35-29 / Section 35-29-05
35-29-05. Fees
Status: in_force

35-29-05. Fees

1. The fee for filing and indexing each notice of lien in the central indexing system is

established according to section 41-09-96. Fees to record liens with a county recorder

are the same as provided for under section 11-18-05.

2. The officer may not file or record an instrument under this chapter unless the person

offering the instrument for filing or recording has first paid the requisite filing or

recording fee.
N.D. Cent. Code § 35-20-02 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-02
35-20-02. Vendor's lien waived by transfer of written contract for payment - Exception
Status: in_force

35-20-02. Vendor's lien waived by transfer of written contract for payment -

Exception.

When a buyer of real property gives to the seller a written contract for payment of all or part

of the price, an absolute transfer of the contract by the seller waives the seller's lien to the

extent of the sum payable under the contract, but a transfer of the contract in trust to pay debts

and return the surplus is not a waiver of the lien.
N.D. Cent. Code § 35-24-07 — ND Code / Title 35 / Chapter 35-24 / Section 35-24-07
35-24-07. Rights of subcontractor against contract price
Status: in_force

35-24-07. Rights of subcontractor against contract price

Nothing in this chapter may be deemed to fix a greater liability upon an owner in favor of

any claimant under an original contractor than the amount for which the owner would be liable to

the original contractor; provided, however, that the risk of all payments made to the original

contractor is upon the owner after the receipt of notice that a lien is claimed by a person other

than the original contractor; and provided further, that an owner does not have the right to offset

obligations of the original contractor unless such obligations arise out of the original contract.
N.D. Cent. Code § 35-01-13 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-13
35-01-13. Holder of property not compensated for expense - Exception
Status: in_force

35-01-13. Holder of property not compensated for expense - Exception

Any person holding property by virtue of a lien thereon is not entitled to compensation from

the owner thereof for any trouble or expense which the person holding the property incurs

respecting it, except to the same extent as a borrower under sections 47-12-08 and 47-12-09.
N.D. Cent. Code § 35-32-06 — ND Code / Title 35 / Chapter 35-32 / Section 35-32-06
35-32-06. Attorney's fees
Status: in_force

35-32-06. Attorney's fees

The court in a suit brought under this chapter may award reasonable attorney's fees to the

prevailing party.
N.D. Cent. Code § 35-22-25 — ND Code / Title 35 / Chapter 35-22 / Section 35-22-25
35-22-25. Order for distribution - Payment
Status: in_force

35-22-25. Order for distribution - Payment

Upon the presentation of the petition with due proof of the service of the notice of the

application, the court shall ascertain the amount due to the petitioner and to each other person

whose claim is a lien upon the surplus money and the priorities of the several liens. The court

thereupon shall make such order for the distribution of the surplus money as justice requires,

and the surplus money must be distributed accordingly.
N.D. Cent. Code § 35-27-12 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-12
35-27-12. Recorder to record notice
Status: repealed

35-27-12. Recorder to record notice

Repealed by S.L. 2009, ch. 293, § 16.
N.D. Cent. Code § 35-18-02 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-02
35-18-02. Service of notice of intention to file hospital lien
Status: in_force

35-18-02. Service of notice of intention to file hospital lien

A notice of intention to file a hospital lien must be served upon the person, corporation, or

limited liability company claimed to be liable for the damages arising from the injury, by

registered or certified mail or by personal service in the manner provided for the service of a

summons in a civil action. Proof of such service must be filed with the lien statement.
N.D. Cent. Code § 35-20-14 — ND Code / Title 35 / Chapter 35-20 / Section 35-20-14
35-20-14. Priority of housemover's lien
Status: in_force

35-20-14. Priority of housemover's lien

A housemover's lien has priority over all other liens and encumbrances upon any building

moved under contract except where there is an existing mortgage or lien thereon of record.
N.D. Cent. Code § 35-01-05.1 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-05.1
35-01-05.1. When security interest in vehicle valid
Status: in_force

35-01-05.1. When security interest in vehicle valid

1. No security interest, including a security interest under chapter 41-09, in a vehicle,

including a manufactured home, which is not inventory held for sale is valid as against

subsequent purchasers and encumbrances of the property in good faith and for value

unless the security interest is clearly indicated upon the certificate of title to the vehicle

or unless such certificate of title is in the possession of the secured party, provided,

however, that a purchase money security interest under chapter 41-09 in a

manufactured home is perfected against the rights of judicial lien creditors and

execution creditors on and after the date the purchase money security interest

attaches, and provided further the holder of a security interest in or a lien on a

manufactured home may deliver lien release documents to a person to facilitate

conveying or encumbering the manufactured home. A person receiving documents so

delivered holds the documents in trust for the security interest holder or the lienholder.

2. Except as otherwise provided in section 47-10-27 and in subsections 1 and 2 of

section 39-05-35, after a certificate of title has been issued for a manufactured home

and as long as the manufactured home is subject to a security interest perfected under

this section, the department may not file an affidavit of affixation, cancel the

manufacturer's certificate of origin, or revoke the certificate of title, and the validity and

priority of a security interest perfected under this section continues, notwithstanding

any other provision of law.

3. The term "manufactured home" as used in subsections 1 and 2 is a manufactured

home as defined in section 41-09-02, excluding a manufactured home with respect to

which the requirements of subsections 1 through 3 of section 39-05-35, as applicable,

have been satisfied.

4. The term "vehicle" as used in this section includes any vehicle for which a certificate of

title is required under title 39 or other statutes of this state.

5. With respect to a manufactured home that is or will be permanently affixed to real

property, upon recordation of an affidavit of affixation under section 47-10-27 and

satisfaction of the requirements of subsections 1 through 3 of section 39-05-35, as

applicable, a perfection or termination of a security interest with respect to the

permanently affixed property is governed by chapter 47-10.
N.D. Cent. Code § 35-03-03 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-03
35-03-03. Power of attorney to execute mortgages - Requisites
Status: in_force

35-03-03. Power of attorney to execute mortgages - Requisites

A power of attorney to execute a mortgage must be in writing subscribed, acknowledged or

proved, certified, and recorded in like manner as powers of attorney for grants of real property.
N.D. Cent. Code § 35-06-08 — ND Code / Title 35 / Chapter 35-06 / Section 35-06-08
35-06-08. Liability of pledgee and of pledgeholder
Status: in_force

35-06-08. Liability of pledgee and of pledgeholder

A pledgee or a pledgeholder for reward assumes the duties and liabilities of a depositary for

reward. A gratuitous pledgeholder assumes the duties and liabilities of a gratuitous depositary.
N.D. Cent. Code § 35-29-03 — ND Code / Title 35 / Chapter 35-29 / Section 35-29-03
35-29-03. Execution of notices and certificates
Status: in_force

35-29-03. Execution of notices and certificates

Certification of notices of liens, certificates, or other notices affecting federal liens by the

secretary of the treasury of the United States or the secretary's delegate, or by any official or

entity of the United States responsible for filing or certifying of notice of any other lien, entitles

them to be filed and no other attestation, certification, or acknowledgment is necessary.
N.D. Cent. Code § 35-03-01 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-01
35-03-01. Mortgage of real property must be in writing - Formalities necessary
Status: in_force

35-03-01. Mortgage of real property must be in writing - Formalities necessary

A mortgage of real property can be created, renewed, or extended only by writing, executed

with the formalities required in the case of a grant of real property.
N.D. Cent. Code § 35-01-05.2 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-05.2
35-01-05.2. Priority of liens securing future advances
Status: in_force

35-01-05.2. Priority of liens securing future advances

A lien document relating to a real estate transaction and containing a written provision

securing the repayment of future advances, whether or not the lien creditor is obligated to make

such future advances, has priority over all subsequent encumbrances to the extent of all sums

advanced, with interest thereon, with the same effect as if the entire sum had been advanced at

the time of the creation of the lien.
N.D. Cent. Code § 35-18-06 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-06
35-18-06. Hospital lien enforced by action
Status: in_force

35-18-06. Hospital lien enforced by action

Any hospital or institution securing a lien under this chapter may enforce its lien in a civil

action against the tort-feasor, the insurer of the tort-feasor, or the insurer of the injured person. A

judgment obtained against the tort-feasor or any insurer does not bar the hospital or institution

from collecting the amount of its account from the person for whom the services were rendered,

or that person's insurer, unless payment has been made by the tort-feasor or tort-feasor's

insurer to the hospital, and then only to the extent that payment has been made.
N.D. Cent. Code § 35-19-02 — ND Code / Title 35 / Chapter 35-19 / Section 35-19-02
35-19-02. Sale of property subject to innkeeper's lien
Status: in_force

35-19-02. Sale of property subject to innkeeper's lien

The innkeeper, hotelkeeper, or tourist camp keeper shall retain any baggage and other

property upon which the person has a lien for a period of ninety days, at the expiration of which

time, if such lien is not satisfied, the person may sell such baggage and other property at public

auction after giving ten days' notice of the time and place of the sale in a newspaper of general

circulation in the county where the inn, hotel, or tourist camp is situated, and by mailing a copy

of such notice addressed to the guest or boarder at the place of residence registered by the

guest or boarder in the register of the inn, hotel, or tourist camp.
N.D. Cent. Code § 35-01-29 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-29
35-01-29. Foreclosure of statutory lien on personal property
Status: in_force

35-01-29. Foreclosure of statutory lien on personal property

Upon default in the payment of a debt secured by a statutory lien on personal property,

unless a different procedure is otherwise expressly prescribed by law, such lien may be

foreclosed by action as prescribed in chapter 32-20.
N.D. Cent. Code § 35-01-06 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-06
35-01-06. Obligations not in existence
Status: in_force

35-01-06. Obligations not in existence

A lien may be created by contract to take immediate effect as security for the performance

of obligations not then in existence.
N.D. Cent. Code § 35-01-23 — ND Code / Title 35 / Chapter 35-01 / Section 35-01-23
35-01-23. Lien not extinguished by partial performance
Status: in_force

35-01-23. Lien not extinguished by partial performance

The partial performance of an act secured by a lien does not extinguish the lien upon any

part of the property subject thereto even if it is divisible.
N.D. Cent. Code § 35-27-15 — ND Code / Title 35 / Chapter 35-27 / Section 35-27-15
35-27-15. Account - Duty of clerk of court
Status: repealed

35-27-15. Account - Duty of clerk of court

Repealed by S.L. 1981, ch. 361, § 6.
N.D. Cent. Code § 35-17-07 — ND Code / Title 35 / Chapter 35-17 / Section 35-17-07
35-17-07. Amendment of lien
Status: in_force

35-17-07. 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 a means to electronically amend or assign the agister's lien

that has been filed pursuant to section 35-17-04. The amendment or assignment of a lien does

not affect the priority of the lien.
N.D. Cent. Code § 35-05-01.1 — ND Code / Title 35 / Chapter 35-05 / Section 35-05-01.1
35-05-01.1. Crop liens - Limitations - Exceptions - Remedies - Penalty
Status: in_force

35-05-01.1. Crop liens - Limitations - Exceptions - Remedies - Penalty

A security interest upon crops attaches only to the crop next maturing after the delivery of

the security agreement. The financing statement covering a crop cannot be used to enforce a

security interest on any crop other than the crop listed in the security agreement. If the court

finds a willful violation of this section, the court shall award a producer the reasonable expenses

of maintaining an action, including reasonable attorney's fees. The provisions of this section do

not apply to liens by contract given to secure the purchase price or the rental of land upon which

the crops covered by the lien are to be grown or to a security interest upon crops created by a

security agreement that contains an after-acquired property clause and the following wording or

its equivalent, in boldface print or set forth in some other conspicuous manner, is in the

agreement: "This security agreement covers crops now growing. This security agreement also

covers future crops to be grown in the current year or any year hereafter.". The lien on future

crops maintains its priority as to crops grown in future years only so long as the lienholder

continues to provide operating funds to the borrower. If, in any subsequent year, another entity

entitled to a crop security interest under section 35-05-01 advances operating funds to a

borrower, the entity has a first priority purchase money security interest in the crops grown by

the borrower during the year in which the funds are advanced.
N.D. Cent. Code § 35-05-05 — ND Code / Title 35 / Chapter 35-05 / Section 35-05-05
35-05-05. Recorder to keep index of continuing crop liens
Status: repealed

35-05-05. Recorder to keep index of continuing crop liens

Repealed by S.L. 1969, ch. 317, § 1.
N.D. Cent. Code § 35-03-01.1 — ND Code / Title 35 / Chapter 35-03 / Section 35-03-01.1
35-03-01.1. Definitions
Status: in_force

35-03-01.1. Definitions

1. A mortgage is a contract by which specific real property capable of being transferred is

hypothecated for the performance of an act without requiring a change in possession,

and includes a transfer of an interest in real property, other than a trust, made only to

secure the performance of an act.

2. A power of sale under a mortgage of real property is a trust and can be executed only

in the manner prescribed by the laws of this state governing the foreclosure of

mortgages. Such a power may be conferred by a mortgage upon the mortgagee, or

any other person, to be exercised after a breach of the obligation for which the

mortgage is a security.
N.D. Cent. Code § 35-18-08 — ND Code / Title 35 / Chapter 35-18 / Section 35-18-08
35-18-08. Insurance - Payment to holder of lien - Deposit with clerk
Status: in_force

35-18-08. Insurance - Payment to holder of lien - Deposit with clerk

If an injured person receiving hospitalization has a contract providing for indemnity or

compensation for the sum incurred for hospitalization, the hospital has a lien upon the amount

payable under such contract, and the party obligated to make reimbursement for the

hospitalization under the contract may pay the sum due thereunder directly to the hospital, and

such payment constitutes a release of the party making the payment under such contract to the

amount of the payment. If the amount of the claim is contested, payment must be made to the

clerk of the district court and is subject to all of the terms and conditions stated in section

35-18-07.
N.D. Cent. Code § 35-21-02 — ND Code / Title 35 / Chapter 35-21 / Section 35-21-02
35-21-02. Filing of application, affidavit, and undertaking for release of lien
Status: in_force

35-21-02. Filing of application, affidavit, and undertaking for release of lien

The owner of the property to be released by undertaking, or of a substantial interest in the

property, shall file the following with the clerk of the district court for the county in which the lien

is filed:

1. An application for the release of the lien by undertaking;

2. An affidavit describing the owner's interest in the property and stating that the owner

has a defense against the collection of the lien, or a part of the lien, and that there

exists a disagreement between the parties as to the amount or validity of the lien, and

that the owner desires a discharge of the lien from the records; and

3. An undertaking, in an amount not less than the lien, with two sureties, to the effect that

the owner will pay any amount that may be recovered by the lien claimant, together

with all costs.