North Dakota § 47-18-05.1 Waiver of homestead exemption - Notice required - Exemption for platted property

North Dakota Statutes

§ 47-18-05.1 — Waiver of homestead exemption - Notice required - Exemption for platted property

North Dakota § 47-18-05.1

Title 47Property

Ch. 47-18Homestead

This text of North Dakota § 47-18-05.1 (Waiver of homestead exemption - Notice required - Exemption for platted property) 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 § 47-18-05.1 (2026).

Text

property.

1.A mortgage on a homestead which is executed after June 30, 1991, and which is not a purchase money contract must contain the following statement printed in a conspicuous manner: I understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale and that, by signing this contract, I voluntarily give up my right to this protection for this property with respect to claims based upon this contract. This statement must be immediately followed by the date and the signature of the person to indicate that the person is specifically and knowingly waiving the exemption, which must be a separate signature from that person's signature to the entire mortgage contract.

2.This section does not apply to a mortgage on property less than

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property.
1. A mortgage on a homestead which is executed after June 30, 1991, and which is not a
purchase money contract must contain the following statement printed in a
conspicuous manner:
I understand that homestead property is in many cases protected from the claims
of creditors and exempt from judicial sale and that, by signing this contract, I
voluntarily give up my right to this protection for this property with respect to
claims based upon this contract.
This statement must be immediately followed by the date and the signature of the
person to indicate that the person is specifically and knowingly waiving the exemption,
which must be a separate signature from that person's signature to the entire
mortgage contract.

2. This section does not apply to a mortgage on property less than forty acres [16.19
hectares].