Title 35, Liens

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 publ…

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…

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.

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 t…

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 consideratio…

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.

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.

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.

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.

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 o…

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. …

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, safekee…

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…

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 up…

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.

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…

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…

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 coverag…

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…

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 b…

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 affi…

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. Pr…

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 bot…

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.

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…

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…

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 b…

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 att…

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 wit…

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 …

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…

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…

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 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.

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 bi…

The person foreclosing a mortgage by advertisement is entitled to the person's costs and disbursements out of the proceeds of the sale.

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 …

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.

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 co…

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 sub…

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 …

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…

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 par…

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 …

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 …

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 the…