Title 35 — Liens

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.

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 pe…

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 …

Mortgages of real property may be acknowledged or proved, certified, and recorded in like manner and with like effect as grants of real property.

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. 35-03-04. Prerequisites for recordation - Post-office address of mortgagee or assignee. The r…

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 __…

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 …

Repealed by S.L. 1953, ch. 113, § 2.

The record of a mortgage duly made operates as notice to all subsequent purchasers and encumbrancers.

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 …

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…

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.

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 …

Repealed by S.L. 1963, ch. 256, § 4.

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 ascer…

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…

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 mod…

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 s…

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…

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 se…