North Dakota Recording Requirements

North Dakota Recording Requirements

NORTH DAKOTA RECORDING REQUIREMENTS:

DOCUMENT MUST BE ANORIGINAL or CERTIFIED COPY

SIGNATURES: All SIGNATURES (there are exceptions depending upon the instrument)

Must be ORIGINAL HANDWRITTEN signature(s) (NDCC 47-19-03 & 44-06-13.1 [1.]) (See statute for exceptions)

All person(s) named in document (grantor, lessor, mortgagor, etc.) are the “signatories” and are also named in the acknowledgment

If grantor is an ESTATE or TRUST, it is signed by personal representative(s) or trustee(s) before notary public

NOTARY: Seal and Expiration Date must be easily readable and able to be scanned.

ADEQUATE LEGAL DESCRIPTION (NDCC 11-18-05 [1][a.][3.]

SOCIAL SECURITY NUMBERS – Must be redacted on the document

DEEDS and Contracts for Deed - Additional Requirements

STATEMENT OF FULL CONSIDERATION (not required on a deed covering minerals only) (NDCC 11-18-02.2)

POST OFFICE ADDRESS for GRANTEE(S) (NDCC 47-19-05 & 47-10-07)

NAME & ADDRESS OF DRAFTER on a deed or contract for deed executed 1-1-2000 or after containing a metes & bounds legal description (NDCC 47-19-03.1)

All taxes must be paid before the Auditor’s Office will transfer the deed so we can record it.

MORTGAGES- Additional Requirements

_____POST-OFFICE ADDRESS of the MORTGAGEE(S) (NDCC 35-03-04)

_____POST-OFFICE ADDRESS of the ASSIGNEE(S) (NDCC 35-03-04)

NORTH DAKOTA RECORDING FEES

Number of Pages

$20.00 for document with 1 to 6 pages (excluding Plats)

$65.00 for document with7 to 25 pages (excluding Plats) PLUS $3.00/page over 25 pages

Recording Space–Must have a space of at least 3 "provided on the top of the firstpage of each instrument for the County Recorders’ recording information (i.e., recorder’s signature, recorder’s seal, barcode recording label). NDCC 11-18-05 [1][a.][4.]

If there is not a blank 3” space across the top of the first page, anadditional page will be added to the end of the recording and fees charged accordingly.

More than ten (10) sections of land “listed”:

$1.00 per section after the first ten (10) listed. NDCC 11-18-05 [1][b.]

Reference BOOK/PAGE or DOCUMENT # of prior recorded document:

$3.00 for each additional Book/Page or Document # referenced

after the first 10 documents NDCC 11-18-05 [1][b.]

1” Margin Requirement –

if there is no 1-inch margin on either the top, bottom, or one of the sides of each page additional $10.00 fee assessed

One of the following two certifications must be typed or written on every deed recorded in North Dakota (excluding mineral deeds).

Please DO NOT fill out this form and attach to the deed.

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I certify that the full consideration paid for the property described in this deed as required under NDCC 11-18-02.2(1)(c) is $______.

Signed: ______Date: ______

Grantee or Agent

or

I certify that the full consideration paid for the property described in this deed is exempted under NDCC 11-18-02.2(6)(*). (At * insert one of the following (a-l) that best fits your needs.)

a.Property owned or used by public utilities;

b.Property classified as personal property;

c.A sale where the grantor and the grantee are of the same family or corporate affiliate, if known.

d.A sale that resulted as a settlement of an estate;

e.All forced sales, mortgage foreclosures, and tax sales;

f.All sales to or from religious charitable, or nonprofit organizations;

g.All sales where there is an indicated change of use by the new owners;

h.All transfer of ownership of property for which is given a Quit Claim Deed;

i.Sales of property not assessable by law;

j.Agricultural Lands of less than 80 acres;

k.A transfer that is pursuant to a judgment.

l.A transfer on death deed or revocation instrument authorized under chapter 30.1-32.1.

Signed: ______Date: ______

Grantee or Agent

Example of 1” margin

Revised 11/26/2018