North Dakota § 9-12-28 Deposit in special fund to extinguish lien, encumbrance, or cloud affecting or relating to the title to real property

North Dakota Statutes

§ 9-12-28 — Deposit in special fund to extinguish lien, encumbrance, or cloud affecting or relating to the title to real property

North Dakota § 9-12-28

Title 9Contracts and Obligations

Ch. 9-12Extinction of Obligation

This text of North Dakota § 9-12-28 (Deposit in special fund to extinguish lien, encumbrance, or cloud affecting or relating to the title to real 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 § 9-12-28 (2026).

Text

relating to the title to real property.
Any lien, encumbrance, or cloud affecting or related to the title to real property, when the
only obligation concerns the payment of a sum certain in money to a specified creditor when the
creditor, or the creditor's heirs, successors, or assigns cannot be located, may be extinguished
as provided by this section and section 9-12-29. The debtor shall deposit with the county
treasurer the debtor's affidavit to the effect that the debtor has made a careful, diligent, and
good-faith search for the creditor and the creditor cannot be found. The debtor shall also deposit
with the county treasurer the full amount of the debt, including all interest accumulated to the
date of the deposit. The affidavit together with notice of the deposit, specifying the amou

Free access — add to your briefcase to read the full text and ask questions with AI

relating to the title to real property.
Any lien, encumbrance, or cloud affecting or related to the title to real property, when the
only obligation concerns the payment of a sum certain in money to a specified creditor when the
creditor, or the creditor's heirs, successors, or assigns cannot be located, may be extinguished
as provided by this section and section 9-12-29. The debtor shall deposit with the county
treasurer the debtor's affidavit to the effect that the debtor has made a careful, diligent, and
good-faith search for the creditor and the creditor cannot be found. The debtor shall also deposit
with the county treasurer the full amount of the debt, including all interest accumulated to the
date of the deposit. The affidavit together with notice of the deposit, specifying the amount of the
deposit, specifying that the purpose of the deposit is to discharge the lien, encumbrance, or
cloud, and specifically describing the real property, must be published at the expense of the
debtor once a week for three successive weeks in the official county newspaper in all counties
in which the real property is situated.