Title 35 — 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.

A lien is a charge imposed upon specific property by which it is made security for the performance of an act.

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…

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 exte…

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…

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 …

A lien may be created by contract to take immediate effect as security for the performance of obligations not then in existence.

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.

Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no title to the property subject to the 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.

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. 35-01-10. Contracts for forfeiting property subject to lien void - Waiver of…

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.

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.

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.

Other things being equal, different liens upon the same property have priority according to the time of their creation.

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 …

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.

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 pers…

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,…

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. 35-01-20. Extinguishment of lien by sale or conversion of property - Mi…

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.

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.

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. 35-01-25. Assignment, satisfaction, foreclosure of mortgage, judgment, or other lien by heir, l…

Repealed by S.L. 1975, ch. 106, § 673.

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 ackno…

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 m…

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.

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 t…