Title 2, Natural Resources

The Establishment of the Solid Waste Management Revolving Fund. (a) There is hereby established within the Commonwealth Treasury a Solid Waste Management Revolving Fund which shall be accounted for separately from the General Fund. (b) All monies received from direct appropriatio…

Kagman and Southern Solid Waste Transfer Stations. In addition to the Department of Public Works powers and duties enumerated under 2 CMC § 3514, the Secretary of the Department of Public Works (Secretary) shall: (a) Conduct a feasibility study relating and pertaining to the desi…

Transfer Stations Location and Property Conveyance. (a) In collaboration with the Secretary of the Department of Public Lands, the Secretary shall identify the sites suitable to build the solid waste transfer station in Kagman and the southern part of Saipan. (b) Upon the identif…

Timeline. (a) The feasibility study described under 2 CMC § 3561(a) shall be completed within 180 days after this Act becomes law. (b) The identification, selection, and conveyance of the public lands for the sites of the transfer stations shall be executed within 60 days after t…

Purpose of Chapter. The purpose of this chapter is to establish a system of mortgage law in the Commonwealth which will induce lenders to make secured commercial and residential loans, while at the same time insuring that residents of the Commonwealth who execute mortgages will h…

Effect of Enactment of This Chapter. In the event of conflict between the provisions of this chapter and those of any other law, the provisions of this chapter shall control insofar as they concern the rights and obligations arising from, the formalities necessary for, and the pr…

Definitions. As used in this chapter, unless it is otherwise provided or the context requires a different construction, application, or meaning: (a) “Default” means a failure of an obligor to perform an act he or she is bound to perform. (b) “Encumbrance” means a nonfee interest …

Right to Possession. The mortgagee is not entitled to possession of mortgaged property unless the mortgage expressly grants a right of possession. However, after the execution of the mortgage, the mortgagor may agree to deliver possession to the mortgagee without additional consi…

Security Not to be Impaired. No mortgagor shall do any act which will impair the mortgagee’s security without the express written permission of the mortgagee. Source: DL 4-143, § 5.

Property Mortgageable. Any property may be mortgaged, including homesteaded property for which a deed of conveyance has been issued pursuant to 2 CMC § 4308 and properly recorded. The exemption set forth in 7 CMC § 4210(c) relating to land and interests in land does not apply to …

Heirs and Devisees take Subject to Mortgage. Whenever real property which is subject to a mortgage passes by succession or devise, the successor or devisee is not entitled to have the decedent’s personal representative satisfy the mortgage out of the decedent’s estate unless ther…

Transfers Made as Security Deemed Mortgages. Every transfer of an interest in property, made only as a security for the performance of another act, and every transfer or conveyance of any property by deed of trust or otherwise, executed and delivered to secure performance of anot…

Necessity of Writing; Translations. A mortgage shall be created, amended, renewed, or extended only by a writing in English. All mortgage instruments shall contain a clause conspicuously located, notifying the mortgagor: (a) That the mortgagor is entitled at his or her cost to a …

Void Instruments or Agreements. (a) Any instrument affecting an estate in real property, including any charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrances thereon is hereby declared to be voi…

Acknowledgment of Mortgage. (a) All mortgages, amendments, renewals, and extensions of mortgages shall be acknowledged or proven, as provided by this chapter, and recorded with the Commonwealth Recorder’s Office. (b) For purposes of this chapter, the proof or acknowledgment of an…

Requisites for Recording. No mortgage may be received for recordation unless it is executed in accordance with the requirements of 2 CMC §§ 4519 and 4521 and contains: (a) Post office addresses of the mortgagor and mortgagee; (b) The description of the real property affected; (c)…

Effect of Failure to Record. In the event of failure to properly record a mortgage, the provisions of 1 CMC § 3711 shall apply. Source: DL 4-143, § 11.

Service of Notice; Designated Personal Representative. (a) All notices required by this chapter must be in writing and, notwithstanding any other provision of this section, are sufficient if received by the mortgagor. The mortgagor shall designate in the mortgage instrument, the …

Assignments, Subordinations and Waivers; Recordation. (a) Nothing in this chapter shall preclude the assignment, subordination, or waiver of a mortgage. (b) The recordation of any assignment, subordination, or waiver shall operate as constructive notice to all persons from the da…

Record of Assignment Not Notice To Mortgagor; Form of Notice to Mortgagor. (a) When a mortgage is executed as security for money due or to become due on a promissory note, bond, or other instrument, the recordation of the assignment of the mortgage is not of itself sufficient not…

Assignment of Debt Carries Security. The assignment of a debt secured by a mortgage carries with it the mortgage unless the assignment provides to the contrary. Source: DL 4-143, § 16.

Certificate of Discharge Required. When any mortgage has been satisfied, the mortgagee must execute, acknowledge and deliver to the mortgagor a certificate of the discharge thereof, so as to entitle the certificate to be recorded. Any mortgagee who, after demand by the mortgagor,…

No Private Power of Sale Conferred by Mortgage. No mortgage may be foreclosed other than by the judicial remedies provided by this chapter. Source: DL 4-143, § 19.

Acceleration of Principal. No acceleration of unpaid principal of the underlying obligation shall be effective until 30 days after receipt of the notice of default provided for in 2 CMC § 4534. Source: DL 4-143, § 20.

Mortgagee’s Remedies in the Event of Default. In the event of default by the mortgagor in the performance of his or her obligations under the mortgage or note or any other instrument secured by the mortgage, the mortgagee may elect to do any or all of the following: (a) Commence …

Notice of Default. Not less than 30 days prior to the commencement of any action or proceeding seeking foreclosure of a mortgage, written notice of default shall be served as provided in 2 CMC § 4524. The notice shall be written in the English language and in either Chamorro or C…

Request for Copies of Notices of Default Prior to Foreclosure; Recorder’s Duties; Notice of Meeting. (a) Any person desiring to receive a copy of a notice of default prior to foreclosure may, at any time subsequent to recordation of the mortgage and prior to service of default as…

Cure of Default; Payment of Arrearages; Costs and Fees: Effect Upon Acceleration. (a) Whenever there has been a failure by the mortgagor to pay obligations in accordance with the terms of a mortgage, including circumstances where all or a portion of the principal sum secured by t…

Actions for Foreclosure of Mortgages. (a) Where Brought. All judicial actions for the foreclosure of a mortgage shall be brought in the Commonwealth Trial Court. (b) Service of Summons. Service of summons in an action of foreclosure shall be made in accordance with the applicable…

Redemption. All real property sold upon foreclosure of a mortgage by order, judgment, or decree of court may be redeemed pursuant to this article at any time, within 12 months after the date of the sale by the judgment debtor or a successor in interest; provided, however, that th…

Redemption Amount; Time; Payment; Disagreement as to Amount; Proceedings for Determination; Notice and Hearing; Certificate. (a) The judgment debtor may redeem the property from the purchaser within 12 months of the date of the sale, upon paying the purchaser the amount of the pu…

Rents and Profits; Rights of Purchaser and Redemptioner; Credit Upon Redemption; Money to be Paid; Accounting. (a) The purchaser, from the time of the sale until a redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value of i…

Injury to Property Restrained. (a) The Commonwealth Trial Court, by injunction, for good cause shown, may restrain the party in possession from doing any injurious act to the property during the existence of the mortgage or pendency of the foreclosure action and until the expirat…

Limitation of Actions. No action to recover land or any interest therein based on any claim or color of title originating, accruing or arising before a foreclosure sale shall be commenced after expiration of the redemption period as provided in this chapter. Source: DL 4-143, § 3…

Discharge of Real Estate Mortgage Not Renewed or Extended or Recorded. Every mortgage which has not been renewed or extended of record within 15 years after its due date, or when no due date is shown in the mortgage then within 20 years after the recording of the mortgage, shall …

Legal Tender. Notwithstanding any other provision of law, a mortgage may require all mortgage payments to be made in the coins and currencies of the United States, and all purchases of land at foreclosure sales and all redemptions as provided in this chapter shall be made in the …

Foreign Citizens as Mortgagees. A person not of Northern Marianas descent may be a mortgagee under the provisions of this chapter. However, no section of this chapter shall be construed to mean that a person not of Northern Marianas descent is entitled at any time to hold title t…

Improvements by Mortgagee Prior to Sale. After the commencement of a suit to foreclose, the mortgagee may make a motion to the court to be allowed to make repairs to maintain the property. If the motion is granted for good cause shown, the mortgagee shall be allowed to make such …

Short Title and Purpose. This article may be cited as the Commonwealth Good Samaritan Food Donation Act. Source: PL 4-26, § 1. Commission Comment: PL 4-26 took effect December 18, 1984.

Purpose. It is the purpose of this article to provide immunity from suit for persons who donate food or who receive or serve donated food. Source: PL 4-26, § 1.

Definitions. As used in this article: (a) “Canned food” means any canned food that has been hermetically sealed and commercially processed and prepared for human consumption, including canned or preserved fruits, vegetables or other articles of food. There is specifically exclude…

Who May Donate. Any person, corporation, partnership, association or other organization may donate, in good faith and free of charge, to a donee any canned food, edible animal, farm product, or perishable food which appears to be fit for human consumption at the time it is donate…

Immunity for Donated Food. Any person, corporation, partnership, association or other organization which donates food or any donee which receives or serves donated food shall not be liable for damages in any civil or criminal action for any injury or death because of the conditio…

Department of Public Health and Environmental Services. Nothing in this article is intended to restrict the authority of the Department of Public Health and Environmental Services to regulate, inspect or ban the use of donated foods for human consumption. Source: PL 4-26, § 5. Co…

Definitions. As used in this article: (a) “ATP cards” means authorization-to-participate cards; (b) “Food” means any food or food products for human consumption except alcoholic beverages and tobacco, and shall include seeds and plants and supplies approved by the United States D…

Food Stamp Program. As authorized by PL 1-28, the state agency shall implement a food stamp program in the Commonwealth in accordance with the provisions of the federal Food Stamp Act of 1977 [7 U.S.C. § 2011 et seq.]. The state agency shall: (a) Adopt rules and regulations neces…