Title 35 — Liens

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.

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 li…

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 oth…

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 secti…

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…

This chapter may be cited as the Uniform Federal Lien Registration Act.

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 …

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 addres…

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.

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.

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 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,…

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"…

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 i…

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.

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.

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 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…

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 mainten…

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…

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 ma…

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 a…

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 t…

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

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 electron…

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 dis…

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 proc…

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.

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 …

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…

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.

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 t…

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.

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, watercr…

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 ava…

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 provi…

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 i…

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 amo…

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,…

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…

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 agr…

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 p…

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.

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.

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 …

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,…

Repealed by S.L. 2001, ch. 152, § 10.

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 judic…

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 rea…

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 i…