§ 9-12-29 — Claim of money by creditor - Extinguishment of lien

North Dakota § 9-12-29

• Jurisdiction: North Dakota
• Title 9: Contracts and Obligations
• Ch. 9-12: Extinction of Obligation

Text

The creditor is entitled to claim the amount of money from the county treasurer within nine
months of the date of deposit upon a showing to the county treasurer of a satisfaction of the
lien, encumbrance, or cloud which includes an indication by the recorder that the satisfaction
has been duly recorded. If the creditor does not claim the money in nine months from the date
of first publication of the notice, the money, a copy of the debtor's affidavit, and a copy of the
published notice must be forwarded by the county treasurer to the state land commissioner for
deposit to the credit of the state of North Dakota for the use and benefit of the common schools
trust fund of the state. At the same time these items are forwarded to the state land
commissioner, the county treasurer shall record in the office of the recorder a notice to the effect
that the lien, encumbrance, or cloud affecting or related to the title to the real property, giving the
specific legal description of the property, has been discharged by the procedures set out in
section 9-12-28 and this section. The debtor shall pay the recorder's fees for recording the
county treasurer's notice.
At any time after the original nine-month period, the creditor, or the creditor's heirs,
successors, or assigns, may claim the full amount of the original deposit without any interest or
penalty from the state administrator of abandoned property in the manner specified in chapter
47-30.2 for claiming the proceeds of other abandoned and unclaimed property.