North Dakota § 35-21-02 Filing of application, affidavit, and undertaking for release of lien

North Dakota Statutes

§ 35-21-02 — Filing of application, affidavit, and undertaking for release of lien

North Dakota § 35-21-02

Title 35Liens

Ch. 35-21Release of Lien by Undertaking

This text of North Dakota § 35-21-02 (Filing of application, affidavit, and undertaking for release of lien) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 35-21-02 (2026).

Text

The owner of the property to be released by undertaking, or of a substantial interest in the property, shall file the following with the clerk of the district court for the county in which the lien is filed:

1.An application for the release of the lien by undertaking;

2.An affidavit describing the owner's interest in the property and stating that the owner has a defense against the collection of the lien, or a part of the lien, and that there exists a disagreement between the parties as to the amount or validity of the lien, and that the owner desires a discharge of the lien from the records; and

3.An undertaking, in an amount not less than the lien, with two sureties, to the effect that the owner will pay any amount that may be recovered by the lien claimant, together with all costs.

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The owner of the property to be released by undertaking, or of a substantial interest in the
property, shall file the following with the clerk of the district court for the county in which the lien
is filed:
1. An application for the release of the lien by undertaking;
2. An affidavit describing the owner's interest in the property and stating that the owner
has a defense against the collection of the lien, or a part of the lien, and that there
exists a disagreement between the parties as to the amount or validity of the lien, and
that the owner desires a discharge of the lien from the records; and
3. An undertaking, in an amount not less than the lien, with two sureties, to the effect that
the owner will pay any amount that may be recovered by the lien claimant, together
with all costs.