§ 35-03-16 — Satisfaction of mortgage - Discharge - Form - Power of attorney

North Dakota § 35-03-16

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-03: Mortgage of Real Property

Text

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).