Title 4, Economic Resources

Satisfaction of Lien; Sale by Auction; Disposition of Proceeds. The lien created in 4 CMC § 51511 may be satisfied as follows: (a) The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facil…

Payment of Lien and Expenses Before Sale; Delivery of Property. At any time before the motor vehicle, heavy equipment vehicle, motor bus, motor carrier, motorcycle, moped, motor scooter, motor equipment, or trailer is so sold, any person claiming a right of property or possession…

Remedy for Enforcing Lien Does Not Preclude Other Remedies. The remedy for enforcing the lien pursuant to this article does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the lienholde…

Liability of Claimant for Failure to Redeliver. After goods have been lawfully sold to satisfy the lien created pursuant to this article, the lien claimant is not liable for failure to deliver the motor vehicle, motorcycle, motor equipment, or trailer. Source: PL 15-117, § 2(5141…

Validity of Lien May Be Contested; Liability of Claimant After Sale. Nothing contained in this article precludes: (a) The owner of any motor vehicle, heavy equipment vehicle, motor bus, motor carrier, motorcycle, moped, motor scooter, motor equipment, or trailer; or (b) Any other…

Administrative Fine for Violations of this Article, or Related Regulation; Deposit of Fines; Enforcement Proceedings. (a) The Bureau may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this article, relating to vehicles required to be regi…

Penalty for Incurring Bill Without Authority or by Misrepresentation. Any person who incurs a bill upon a motor vehicle, heavy equipment vehicle, motor bus, motor carrier, motorcycle, moped, motor scooter, motor equipment, or trailer without the authority of the owner thereof, or…

Vessel Defined. “Vessel” includes every description of water-craft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Source: PL 15-117, § 2(51423).

Extent of Lien; Detention of Vessel; Priority of Claims. (a) A vessel in the Commonwealth is subject to a lien for wages due to persons employed, for work done or services rendered on board the vessel. (b) A person engaged in the business of buying or selling or keeping a shop or…

Right of Lienholder Not Lost When Vessel Removed from his Control; Seizure Without Process of Law. (a) A holder of a lien pursuant to 4 CMC § 51524 does not lose his lien by reason of allowing the vessel to be removed from his control. (b) In case a vessel is so removed, the lien…

Lien Does Not Deprive Lienholder of Other Remedy. A lien created pursuant to 4 CMC § 51524, does not deprive the holder of any other remedy allowed by law for the collection of charges and advances which he has made in connection with work or services, or supplies, facilities or …

Satisfaction of Lien: Notice; Sale by Auction; Disposition of Proceeds. A lien created pursuant to 4 CMC § 51524 may be satisfied as follows: (a) The lienholder shall give written notice to the person on whose account the charges secured by the lien were incurred and to any other…

Payment of Lien and Expenses Before Sale. At any time before a vessel is so sold, any person claiming a right of property or possession therein may pay the lienholder the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving n…

Remedy for Enforcing Lien Does Not Preclude Other Remedies. The remedy for enforcing the lien pursuant to 4 CMC § 51524 does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the lienhold…

Lawful Sale Releases Lienholder. After a vessel has been lawfully sold to satisfy a lien created pursuant to 4 CMC § 51524 the lienholder is not liable for failure to deliver the vessel to a previous owner or claimant. Source: PL 15-117, § 2(51430), modified. Commission Comment: …

Validity of Lien May Be Contested; Responsibility of Lienholder to Owner After Sale to Third Person. This article does not preclude the owner of a vessel, or preclude any other person having an interest or equity in the vessel, from contesting the validity of a lien, and for this…

Penalty for Incurring Bill Without Authority or by Misrepresentation. A person who incurs a bill upon a vessel without the authority of the owner thereof, or by misrepresentation, is guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not mor…

Definitions. Unless the context otherwise requires, the words and terms defined in this article shall have the following meanings: (a) Facility. “Facility” means real property divided into individual spaces for storing personal property which are rented or leased to individual oc…

Use of Facility for Residence Prohibited; Eviction; Nature of Facility; Effect of Issuance of Document of Title for Property. (a) A person shall not use a facility for a residence. The owner of such a facility shall evict any person who uses the facility as a residence. (b) A fac…

Lien of Owner of Facility; Priority of Lien Created by Document of Title. (a) The owner of a facility and his heirs, assignees or successors have a lien on all personal property located at the facility for the rent, labor or other charges incurred by the owner pursuant to a renta…

Contents of Rental Agreement. (a) Each rental agreement must be in writing and must contain: (1) A provision printed in a size equal to at least 10-point type that states, “IT IS UNLAWFUL TO USE THIS STORAGE FACILITY AS A RESIDENCE.” (2) A statement that the occupant’s personal p…

Unpaid Charges: Termination of Occupant’s Right to Use Space; Notice; Imposition of Lien. (a) If any charges for rent or other items owed by the occupant remain unpaid for 14 days or more, the owner may terminate the occupant’s right to use his individual space for storage at the…

Owner’s Remedies Upon Nonpayment of Charges; Notice of Sale; Limit on Earliest Time for Sale. (a) After the notice of the lien is mailed by the owner, if the occupant fails to pay the total amount due by the date specified in the notice, the owner may: (1) Deny the occupant acces…

Occupant’s Declaration of Opposition to Sale. The occupant may prevent a sale of the personal property to satisfy the lien if he executes a declaration of opposition to the sale under penalty of perjury and returns the declaration to the owner by certified mail. The declaration m…

Sale of Occupant’s Property by Owner: Advertisement; Manner; Distribution of Proceeds. (a) If the declaration in opposition to the lien sale executed by the occupant is not received by the date of the sale specified in the notice mailed to the occupant, the owner may sell the pro…

Claim of Property Subject to Security Interest. (a) Any person who has a security interest in the personal property perfected may claim the personal property which is subject to the security interest and to the lien for storage charges by paying the amount due, as specified in th…

Satisfaction of Lien by Person Claiming Interest in Property. Before the sale to satisfy the lien, any person claiming an interest in the personal property may pay the amount necessary to satisfy the lien and the reasonable expenses incurred by the owner to protect his lien. If t…

Action to Enforce Lien; Enforcement of Judgment; Stay of Enforcement Pending Appeal. (a) If the occupant signs, and returns to the owner, the declaration in opposition to the sale, the owner may commence an action in any court of competent jurisdiction to enforce his lien. (b) If…

Purchaser of Property at Sale to Satisfy Lien or Enforce Judgment Takes Free of Occupant’s Interest. Any person who purchases the personal property in good faith at a sale to satisfy the lien or a sale to enforce a judgment on a lien takes the property free of any interests of th…

Lien on Personal Property; Sale After 30 Days After Default. (a) Except as provided in subsection (b), every hotel, inn, motel, or lodging house proprietor or proprietors, or person who lets rooms to lodgers for hire, shall have a lien upon all property belonging to his patron, g…

Sale of Baggage or Property Left at Hotel, Motel, or Lodging House. All baggage or property of whatever description left at a hotel, inn, motel, motor court, boardinghouse or lodging house for the period of 60 days may be sold at public auction by the proprietor or proprietors th…

Sales at Public Auction: Notice; Disposition of Proceeds. (a) All sales made under 4 CMC §§ 51545 and 51546 shall be made at public auction. (b) No sale shall be valid unless notice of the sale is published at least once a week for 2 successive weeks prior to the sale, in some ne…

Definitions. Unless the context otherwise requires, the words and terms defined in this article shall have the following meanings: (a) Court. “Court” means the CNMI Superior Court. (b) Hospital. “Hospital” means the Commonwealth Health Center, Tinian Health Center, or the Rota He…

Extent of lien; Exception; Lien in Addition to Lien on Property. (a) Whenever any person receives hospitalization on account of any injury, and he, or his personal representative after his death, claims damages from the person responsible for causing the injury, the hospital has …

Limitations on Extent of Lien. (a) No rights or claims for liens under part A of this article, shall be allowed for hospitalization rendered an injured person after a settlement has been effected by or on behalf of the party causing the injury. (b) No lien shall apply or be allow…

Notice of Lien Required: Recording and Service. In order to perfect the lien, the hospital or the owner or operator thereof shall: (a) Before the payment of any money to the injured person or to his legal representative as compensation for injuries received, record a notice of li…

Form of Notice. The form of the notice required by 4 CMC § 51551 must be substantially as follows: Notice is hereby given that ................................ has rendered services in hospitalization for ................................, a person who was injured on the ....... d…

Hospital Records: Examination; Copying. Any party legally liable or against whom a claim shall be asserted for compensation or damages for injuries shall have a right to examine and make copies of all records of any hospital in reference to and connected with the hospitalization …

Payment to Injured Person After Notice of Lien; Liability and Payment to Hospital. (a) Any person or his insurer who, after the receipt of a certified copy of the notice of lien pursuant to 4 CMC § 51552, makes any payment to the injured person, his heirs, personal representative…

Foreclosure of Lien. (a) The lien described in 4 CMC § 51549 may be foreclosed by a lawsuit in the CNMI Superior Court. (b) In any suit brought pursuant to the provisions of this article, upon entering a decree for the plaintiff the court shall allow as part of the costs and disb…

Extent of Lien; Notice of Lien; Amendment of Notice. (a) Except as otherwise provided in subsection (b), a hospital has a lien upon the real property of a person for charges incurred and unpaid for the care of the owner of the property or a person for whose support the owner is l…

Foreclosure: Manner; Limitations. (a) A lien for charges owed to a hospital may be foreclosed by a lawsuit in the CNMI Superior Court in the same manner as an action for foreclosure of any other lien. (b) The lien may not be foreclosed during the: (1) Lifetime of the owner of the…

Release of Lien upon Payment; Demand by Owner that Hospital File Suit to Foreclose; Penalty for Failure to Release Lien. (a) A hospital shall release its lien upon payment of the charges. (b) If the amount or the validity of the charges owed or the validity of the lien is dispute…

Definitions. Unless the context otherwise requires, the words and terms defined in this article shall have the following meanings: (a) Department. “Department” means the Department of Public Health. (b) Medicaid. “Medicaid” means the program established pursuant to Title XIX of t…

Imposition and Release of Lien on Property of Recipient of Medicaid. (a) The Department of Public Health may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of 4 CMC § 51561 against real or personal property of a reci…

Petition for Lien. (a) A petition to the CNMI Superior Court for the imposition of a lien as described and limited in 4 CMC § 51560 to recover money owed to the Department of Public Health as a result of payment of benefits for Medicaid must set forth: (1) The facts concerning th…