47-19 Record Title - North Dakota Statutes

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CHAPTER 47-19RECORD TITLE47-19-01.Instruments entitled to record.Any instrument affecting the title to orpossession of real property may be recorded as provided in this chapter.47-19-02. Instruments entitled to record without acknowledgment. The followinginstruments may be recorded without acknowledgment or further proof:1.An instrument issued by an agency, bureau, department, or the judiciary of the
United States, this state or a political subdivision of this state, or an Indian tribe
recognized by the United States department of the interior. An instrument includes a
contract or agreement that is entered by one of these governmental entities that
contract or agreement is deemed to have been issued by the entity.2.An instrument certified by an agency, bureau, department, or the judiciary of the
United States or a foreign government, a state of the United States or a political
subdivision of a state, or an Indian tribe recognized by the United States department
of the interior.3.A lis pendens or other instrument that is signed by an attorney at law licensed to
practice law in this state which bears the attorney's identification number issued by
the state board of law examiners.4.An affidavit that bears a jurat or verification upon oath or affirmation.5.A Uniform Commercial Code financing statement under title 41.6.A plat signed by a land surveyor registered in this state.47-19-03.Prerequisites to recording instruments.Before an instrument can berecorded, unless it belongs to a class provided for in section 47-19-02 or 47-19-40, its execution
must be established:1.If executed by an individual, by acknowledgment by the person executing the same;2.If executed by a corporation or limited liability company, by execution and
acknowledgment by the person or persons authorized to execute instruments under
section 47-10-05.1;3.By proof by a subscribing witness as is provided by section 47-19-22; and4.By proof of the handwriting of the person executing an instrument and of a
subscribing witness thereto as is prescribed by sections 47-19-23 and 47-19-24 and
filing of the original instrument in the proper office there to remain for public
inspection.Except as otherwise provided by the law of this state or the law of the state in which the
instrument or document was executed, before an instrument may be recorded, the document
and any acknowledgment must be executed with an original signature.47-19-03.1. Deeds and contracts for deeds to include name and address of drafterof legal description. The recorder may not record a deed or contract for deed containing a
metes and bounds legal description which affects the title to or possession of real property that
otherwise may be recorded under this chapter unless the name and address of the individual
who drafted the legal description contained in the deed or contract for deed appears on the
instrument in a legible manner.A deed or contract for deed complies with this section if itcontains a statement substantially in the following form: "The legal description was prepared byPage No. 1________________ (name) ________________ (address) or obtained from a previously
recorded instrument." This section does not apply to any instrument executed before January 1,
2000, or any instrument executed or acknowledged outside the state. The validity and effect of
the record of any instrument in a recorder's office may not be lessened or impaired by the fact
the instrument does not contain the statement required by this section.47-19-04. Recording of transfers by mortgage. Transfers of or liens on property byway of mortgage are required to be recorded in the cases specified in title 35.47-19-05. Recording of deed - Post-office and street address of grantee must beshown. No deed in which real estate is described shall be received for record by any recorder in
this state if the post-office address, and any known or existing street address if within the
corporate boundaries of a city, of each grantee named in such deed is not shown. Failure to
have included any address on a recorded deed shall not defeat the doctrine of constructive
notice.47-19-06. Death certificates - Joint tenant - Prima facie evidence of termination ofestate held. In all cases of joint tenancy in lands, and in all cases where an estate, title, or
interest in, or lien upon, lands has been or may be created, which estate, title, interest, or lien
was or is to continue only during the life of any person named or described in the instrument by
which the estate, title, interest, or lien was created, a copy of the death certificate of the joint
tenant or of the person upon whose life the estate, title, interest, or lien was or is limited, duly
certified by any officer who is required by the laws of the state or country in which the record is
made, to keep a record of the death of persons occurring within the jurisdiction of the officer, may
be recorded in the office of the recorder of the county in which the lands are situated. The legal
description of any property to which the recording of the death certificate relates must be
attached to the death certificate. The certified copy of death certificate, or the record thereof in
the office, or a duly certified copy of the last mentioned record, is prima facie evidence of the
death of the person and the termination of the joint tenancy and all the estate, title, interest, and
lien as was or is limited upon the life of that person.47-19-07. Place for recording instruments - Fee endorsed. An instrument entitled tobe recorded must be recorded by the recorder of the county in which the real property affected
thereby is situated. The recorder in each case must endorse the amount of the fee for the
recording on the instrument recorded.47-19-08. When instrument is deemed recorded. An instrument is deemed to berecorded when, whether entitled to record or not, it is deposited with the proper officer for record,
if such instrument is subsequently recorded.47-19-09. Recording instruments in unorganized counties. Any unorganized countyof the state, for the purpose of filing and recording all deeds, mortgages, and other instruments,
shall be attached to and made a part of the county to which it is attached for judicial purposes as
long as such county remains unorganized.47-19-10. Separate records for grants and mortgages. Grants, absolute in terms, areto be recorded in one set of records and mortgages in another.47-19-11. Chain of title - Variations in spelling - Affidavit to cure. Wherever in therecord of title to real estate, there appears in the chain of title any variation in the spelling of the
name of any person appearing in such chain of title, in any instrument affecting the title to the
real estate, or where any grantor, mortgagor, vendor, lessor, or other maker of any such
instrument, signs without the joinder of the spouse, any person may make an affidavit setting
forth therein:1.That the person personally is cognizant of the facts stated by the person in such
affidavit;Page No. 22.The identity of any person appearing in such chain of title under names varying in
the spelling thereof or in the use of initials; and3.Whether or not, at the time of the transfer or encumbrance to which the affidavit
relates, the land described therein was or was not the homestead of the grantors,
mortgagors, vendors, or the persons whose title is divested or encumbered, wholly
or in part, or in any way affected by such transfer or conveyance.47-19-12. Affidavit entitled to record. The affidavit provided for in section 47-19-11,duly verified according to law and containing a description of the land to which it relates, may be
recorded in the office of the recorder of any county in this state, and such affidavit, when so
recorded, shall be prima facie evidence of the truth of the facts set forth or contained therein.47-19-13. Acknowledgment and proof - Persons authorized to make - Statewidejurisdiction. The proof or acknowledgment of an instrument may be made at any place within
this state before a judge, or the clerk, of the supreme court, or a notary public.47-19-14. Acknowledgment and proof - Limited to district of officer. The proof oracknowledgment of an instrument may be made in this state within the judicial district, county,
subdivision, or city for which the officer was elected or appointed, before:1.A judge or clerk of a court of record;2.A mayor of a city;3.A recorder;4.A United States commissioner;5.A county auditor; or6.A township clerk or a city auditor.47-19-14.1. Recognition of notarial acts. For the purposes of this section and sections47-19-14.2 and 47-19-14.7, "notarial acts" mean acts which the laws and regulations of this state
authorize notaries public of this state to perform, including the administering of oaths and
affirmations, taking proof of execution and acknowledgments of instruments, and attesting
documents.Notarial acts may be performed for use in this state with the same effect as ifperformed by a notary public of this state by the following persons authorized pursuant to the
laws and regulations of other governments in addition to any other person authorized by the laws
and regulations of this state:1.A notary public authorized by any jurisdiction to perform notarial acts.2.A justice, judge, clerk, or deputy clerk of any court of record in the place in which the
notarial act is performed.3.An officer of the foreign service of the United States, a consular agent, or any other
person authorized by regulation of the United States department of state to perform
notarial acts in the place in which the act is performed.4.A commissioned officer or noncommissioned officer in active service with the armed
forces of the United States and any other person authorized by regulation of the
armed forces to perform notarial acts, if the notarial act is performed for one of the
following, or that person's dependents: a merchant seaman of the United States, a
member of the armed forces of the United States, or any other person serving with
or accompanying the armed forces of the United States.Page No. 35.Any other person authorized to perform notarial acts in the place in which the act is
performed.47-19-14.2. Authentication of authority of officer.1.If the notarial act is performed by any of the persons described in subsections 1
through 4 of section 47-19-14.1, other than a person authorized to perform notarial
acts by the laws or regulations of a foreign country, written indication of the person's
title or rank and serial number, if any, is sufficient proof of the authority of a holder of
that rank or title to perform the act. Further proof of the person's authority is not
required.2.If the notarial act is performed by a person authorized by the laws or regulations of a
foreign country to perform the act, there is sufficient proof of the authority of that
person to perform the act if:a.Either a foreign service officer of the United States, resident in the country in
which the act is performed, or a diplomatic or consular officer of the foreign
country, resident in the United States, certifies that a person holding that office
is authorized to perform the act;b.The official seal of the person performing the notarial act is affixed to the
document; orc.The title of the person, and an indication of the person's authority to perform
notarial acts appears either in a recognized digest of foreign law, or in a list
customarily used as a source of such information.3.If the notarial act is performed by a person other than one described in
subsections 1 and 2, there is sufficient proof of the authority of that person to act, if
the clerk of a court of record, in the place in which the notarial act is performed,
certifies to the official character of that person, and to the person's authority to
perform the notarial act.4.The signature and title of the person performing the notarial act are prima facie
evidence that that person is a person with the designated title and that the signature
is genuine.47-19-14.3.Certificate of person taking acknowledgment.The person taking anacknowledgment shall certify that:1.Thepersonacknowledgingappearedbeforethepersontakingtheacknowledgement and acknowledged that the person executed the instrument; and2.The person acknowledging was known to the person taking the acknowledgment, or
that the person taking the acknowledgment had satisfactory evidence that the
person acknowledging was the person described in and who executed the
instrument.47-19-14.4. Recognition of certificate of acknowledgment. The form of a certificateof acknowledgment used by a person whose authority is recognized under section 47-19-14.2
shall be accepted in this state if:1.The certificate is in a form prescribed by the laws or regulations of this state;2.The certificate is in a form prescribed by the laws or regulations applicable in the
place in which the acknowledgment is taken; orPage No. 43.The certificate contains the words "acknowledged before me" or their substantial
equivalent.47-19-14.5. Certificate of acknowledgment. The words "acknowledged before me", ortheir substantial equivalent, as used in a certificate of acknowledgment made by a person taking
an acknowledgment outside this state shall mean:1.Thatthepersonacknowledgingappearedbeforethepersontakingtheacknowledgment and acknowledged that the person executed the instrument;2.That, in the case of:a.A corporation, the officer or agent acknowledged holding the position or title set
forth in the instrument and certificate; signing the instrument on behalf of the
corporation by proper authority; and that the instrument was the act of the
corporation;b.A limited liability company, the manager or agent acknowledged holding the
position or title set forth in the instrument and certificate; signing the instrument
on behalf of the limited liability company by proper authority; and that the
instrument was the act of the limited liability company;c.A partnership, the partner or agent acknowledged signing the instrument on
behalf of the partnership by proper authority and that the instrument was the act
of the partnership;d.A person acknowledging as attorney in fact for a principal, signing the
instrument by proper authority as the act of the principal; ore.A person acknowledging as a public officer, trustee, administrator, guardian, or
other representative, signing the instrument by proper authority and in the
capacity stated in the instrument; and3.That the person taking the acknowledgment either knew, or had satisfactory
evidence, that the person acknowledging was the person named in the instrument or
certificate.47-19-14.6. Short forms of acknowledgment. The forms of acknowledgment set forthin this section may be used and are sufficient for their respective purposes under any law or
regulation of this state.The forms shall be known as the "statutory short forms ofacknowledgment", and may be referred to by that name. The authorization of the forms provided
in this section does not preclude the use of other forms:1.For an individual acting in that individual's own right:State of _________
County of ________The foregoing instrument was acknowledged before me this (date) by(name of person acknowledging).(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)2.For a corporation:State of ________
County of _______The foregoing instrument was acknowledged before me this (date) by(name of officer or agent and title of officer or agent) of (name of corporationPage No. 5acknowledging), a (state or place of incorporation) corporation, on behalf of the
corporation.(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)3.For a limited liability company:State of _________
County of ________The foregoing instrument was acknowledged before me this (date) by(name of manager or agent and title of manager or agent) of (name of limited
liability company acknowledging), a (state or place of organization) limited
liability company, on behalf of the limited liability company.(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)4.For a partnership:State of _________
County of ________The foregoing instrument was acknowledged before me this (date) by(name of acknowledging partner or agent), partner (or agent), on behalf of
(name of partnership), a partnership.(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)5.For an individual acting as attorney in fact for a principal:State of _________
County of ________The foregoing instrument was acknowledged before me this (date) by(name of attorney in fact) as attorney in fact on behalf of (name of principal).(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)6.Forapublicofficer,trustee,guardian,personalrepresentative,or otherrepresentative:State of ________
County of ________The foregoing instrument was acknowledged before me this (date) by(name and title of position).(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)47-19-14.7. Prior acknowledgments not affected. A notarial act performed prior to theeffective date of sections 47-19-14.1 through 47-19-14.8 shall not be affected by those sections.
Sections 47-19-14.1 through 47-19-14.8 provide an additional method of proving notarial acts,
and do not diminish or invalidate the recognition accorded to notarial acts by other laws or
regulations of this state.47-19-14.8. Short title. Sections 47-19-14.1 through 47-19-14.8 may be cited as theUniform Recognition of Acknowledgments Act.Page No. 647-19-15.Acknowledgment and proof without state but within United States -Officers qualified. Repealed by S.L. 1971, ch. 453,