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Current as of January 01, 2024 | Updated by Findlaw Staff
A recorded mortgage must be discharged upon the record by the recorder having custody of the mortgage on the presentation of a certificate of discharge signed by the mortgagee, the mortgagee's executors, administrators, guardians, trustees, assigns, personal representatives, or special administrators appointed for that purpose, properly acknowledged or proved and certified as prescribed by chapter 47-19. The certificate of discharge must contain a brief description of the mortgage and must state that the mortgage has been paid in full or otherwise satisfied and discharged and that the officer is authorized to discharge the mortgage of record. Any person executing a certificate of discharge as a personal representative of the mortgagee first shall file and have recorded in the office of the recorder where the mortgage is recorded a power of attorney showing the person's authority to discharge mortgages in behalf of the mortgagee and in the mortgagee's name. The mortgagee shall present the certificate of discharge to the recorder for recording in the county in which the property is located within thirty days after the certificate of discharge is signed. The mortgagee may add the amount of the recording fee to the balance of the debt paid by the mortgagor. A certificate of the satisfaction of a mortgage may be made in substantially the following form:
This certifies that a certain mortgage executed by __________ of __________, mortgagor, to __________ of __________, mortgagee, dated the __________ day of __________ in the year __________, upon the __________ (here describe the property covered by the mortgage) and recorded in the office of the recorder in and for the county of __________ and state of North Dakota, in book __________ of mortgages on page __________ or as document number __________, is paid and satisfied; and __________ hereby authorize and require the recorder to discharge the mortgage of record in the recorder's office.
Witness __________ hand this __________ day of __________ A.D.
__________ (Acknowledgment).
Cite this article: FindLaw.com - North Dakota Century Code Title 35. Liens § 35-03-16. Satisfaction of mortgage--Discharge--Form--Power of attorney - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-35-liens/nd-cent-code-sect-35-03-16/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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