North Dakota Lien Search

Liens search refers to the investigation of public records to ascertain if there are legal claims on properties. These claims may be financial obligations, unpaid debts, or contract fees linked to a property. It is crucial to check for liens on a property because property lien searches in North Dakota:

• Protect buyers from hidden debts they may unknowingly inherit during property purchase
• Aid property owners who seek to secure financing and minimize risks for lenders
• Assess the financial standings of potential employers or customers to ensure that they can pay for work done and services rendered.

Liens are typically held by county recorders but may be included as part of North Dakota civil court records and managed in the state’s county courts.

What is a Lien in North Dakota?

A lien in North Dakota refers to the legal right a lender has over a debtor's property. Typically, the property acts as collateral or security for an obligation or a debt. In North Dakota, a creditor can seize or sell a lien property if the owner fails to fulfill their contractual obligation or debt repayment. Placing a lien on a property in North Dakota has the following legal implications:

• It encumbers the property and hinders the owner's ability to sell or refinance the property.
• It exposes a property to seizure or foreclosure by the lienholder if the debtor is unable to meet their financial commitments.
• A lien is a public record that can affect the marketability of a property or the creditworthiness of the property owner.
• In the event of sales of lien properties, lienholders have higher priority over other creditors.
• If there are multiple liens on a property, priority is determined by the types of liens and their order of recordings.
• Lien property owners may face legal actions from lienholders if they do not meet their obligations or repay loans.
• If the sales proceeds from a lien property do not cover the owner's debt and the debtor does not have anti-deficiency protection, creditors may seek a deficiency judgment against the debtor for the remaining payments.

Types of Liens in North Dakota

There are several ways to classify liens in North Dakota. Liens may be categorized by nature of creation, priority, type of property, purpose, recording requirements, duration, or enforcement methods. Generally, liens in North Dakota fall into any of the following categories:

• General and specific liens
• Consensual and involuntary liens
• Statutory and non-statutory liens
• Real and Personal Property liens

The list below outlines some of the different liens that can be attached to a debtor's property in North Dakota and their implications:

Child Support Lien

Child support liens on a property are enforceable if the owner fails to fulfill their child support payment obligations. In the event of multiple liens on a property, a child support lien may take priority over other non-tax liens due to their importance.

judgment Lien

judgment lien results from court judgments. These types of liens are filed against debtors' properties at county recorders' offices to enforce court-ordered payments of debts.

Mechanic's Lien

Mechanic liens are legal claims against a debtor's property by contractors, sub-contractors, or suppliers for non-payment of services or material supplies.

Mortgage Lien

Mortgage liens are placed on properties if their owners use them as collateral for loans.

Tax Lien

Tax liens are imposed on properties by the federal, state, or local government if their owners fail to pay taxes. Typically, tax liens have the top priority over other liens in the order of payments if there are multiple liens on a property.

Generally, liens in North Dakota can also be in two categories. These are general liens and specific liens.

General Liens in North Dakota

General liens have a broad scope and are attached to a debtor's real and personal properties. They are not limited to a specific property. North Dakota general liens on real estate include federal tax liens, judgment liens, and child support liens.

Specific Liens

Specific liens are attached to a particular property and not all the debtor's properties. Creditors can put specific liens on real estate or movable properties. Examples of this type of liens in North Dakota include:

• Mortgage Lien
• Mechanic's Lien
• Property Tax Lien
• Vendor's Lien
• Vehicle Lien.

Consensual vs Involuntary Liens

Consensual and involuntary liens are categories of liens based on the creation method. Voluntary or consensual liens are made by contractual agreement between the creditor and lender. However, involuntary liens are imposed on the owners of properties by law without their consent.

Briefly explain the difference between consensual and involuntary liens in North Dakota.

In North Dakota, involuntary liens may result from court judgments, non-payment of contractor's fees, or tax evasion. The list below gives different examples of consensual and involuntary liens.

Consensual liens

• Mortgage lien
• Car loan lien
• Home Equity Lines of Credit (HELOCs) lien
• Chattel Mortgages lien
• Security Interests in Business Assets or UCC lien

Involuntary liens

• Tax lien
• judgment lien
• Mechanic's lien
• Child support lien
• Environmental lien.

Statutory Liens

In North Dakota, statutory liens provide a mechanism for creditors to secure loan repayments. Statutory liens refer to liens that arise automatically under state laws. In the event of multiple liens on a property, the law states their priorities relative to other liens and the conditions under which a creditor can enforce them. Statutory liens do not require the consent of the owner of the property. The legal basis for statutory liens in North Dakota is codified in the North Dakota Century Code (N.D.C.C.). For instance, the following are examples of statutory liens in North Dakota and the state laws that give them legal backing.

• Tax Liens (N.D.C.C. Chapter 35-29)
• Mechanic's Liens (N.D.C.C. Chapter 35-13)
• judgment Liens (N.D.C.C. Chapter 35-35)
• Child Support Liens (N.D.C.C. Chapter 35-34)
• Agricultural Liens (N.D.C.C. Chapter 35-30,31).

What is a Tax Lien in North Dakota?

In North Dakota, a tax lien refers to legal claims by the government on the properties of individuals due to their default in tax payments. Chapter 35, Section of the North Dakota Century Code empowers the government to place liens on properties of tax defaulters within the state.

Tax liens are public records in North Dakota. Public availability of tax lien in North Dakota has positive and negative implications. On the positive, making tax liens information available to the public discourages tax delinquency. Also, it aids the government to collect taxes from defaulters effectively. On the other hand, making a tax lien public can make it difficult to sell off the property. Also, it may reduce the individual's credit score and chances of securing loans or getting favorable interest rates.

North Dakota Tax Lien Search

There are several options for performing a lien search in North Dakota. To perform a tax lien search on a property in North Dakota:

• Identify the county where the property is located
  • Visit the county auditor's office
  • Request access to the specified property's record
  • Search for any tax lien attached to the property
• Visit the North Dakota Central Indexing System webpage
  • Scroll down and click Public Search
  • Provide the name of the owner of the property or filing number to search for tax liens for free or
  • Create an account to search for certified records.
• Log in to the government website of the county where the property is located:
  • Locate the county's auditor's website and search for tax lien on property records through their online database.

The following steps outline how to conduct an effective search for tax liens on a property in North Dakota:

• Gather information on the specific property (these may include the property address, owner's name, and parcel number)
• Visit the North Dakota Secretary of State's Office Central Indexing System
• Create an account to access a certified copy of the property's records
• Log in to the Search Portal, select search criteria, and enter the required information to run a search
• Review the search results for any information on tax lien on the property
• Download and print the results of the search if they are useful
• Verify the information from non-official sources at the county's tax assessor's office
• Request certified copies from the county assessor's office if the online copies are not certified.

Federal Tax Lien Search

Federal tax lien lookup on properties is available through the North Dakota Central Indexing System (NDCIS). The NDCIS offers a free public search option for federal tax liens on properties in North Dakota. However, to get certified results for a lien search, there is a paid option (this costs $12.00 for a search and additional$15.00 for a certified copy of the records) for a secured and comprehensive search.

What is a Lien on Property in North Dakota?

In North Dakota, a lien on a property is a legal claim by a creditor to seize or sell a property. A lienholder may repossess a property if a debtor fails to fulfill a financial obligation.

Who can put a lien on a property?

Several entities can put a lien on a property in North Dakota. These include:

• Federal, state, and county agencies. For instance, the Internal Revenue Services, the North Dakota Office of State Tax Commissioner, county treasurers' offices, or city and municipal governments can put a lien on a property for unpaid property tax
• The court can place a judgment lien on properties to ensure that their owners obey court orders
• Contractors and suppliers (to force payments for materials supplies and payment for services)
• Lenders and Creditors (as collateral for mortgages or loans).

How to put a lien on property in North Dakota

There are several reasons the government or an entity can put a lien on a property in North Dakota. These may aimed at discouraging tax delinquency, forcing payments for debts, or ensuring that a property owner fulfills legal obligations. The following steps outline how to put a lien on a property in North Dakota:

• Determine eligibility by ensuring that there are valid reasons to put a lien on a property. For instance, a contractor or supplier can place a lien on a property to ensure that a customer pays for supplies or services
• Serve a notice of intent to the owner of the property at least ten days before filing for the lien
• Visit the county recorder's office where the property is located and request the appropriate lien form (this may also be available online)
• Fill out the form and file it at the county recorder's office (if it is a construction lien) or the NDCIS (for UCC liens) within 90 days of the last supply or service delivery.

In North Dakota, there are legal considerations to keep in mind when putting a lien on a property. An agency or entity seeking to put a lien on a property must:

• Ensure that the lien type meets the requirements outlined by North Dakota laws
• File the lien within the deadlines stipulated by the law for each type of lien. For instance, a mechanic's lien has a 90 filing window from the day of completion of work or provision of materials.
• Send a written notice of intent to the owner of the property
• Follow the enforcement procedures stipulated by the court to seize or foreclose a property.

How to Find a Lien on Property in North Dakota

There are several ways to find liens on a property in North Dakota. Interested persons can check liens on property online and offline through:

• County recorder offices
• Online databases through county recorders’ websites and the North Dakota Central Indexing System
• Private lien search services
• Public records such as court filings and bankruptcy records
• Title search companies.

Property Lien Search By Address

To use the address of a property to perform a lien search in North Dakota:

• Visit the North Dakota Secretary of State's Central Indexing System or the website of the county recorder's office where the property is located and navigate to their database search portal
• Select the property address option as the search criteria
• Enter the address of the property and perform a search
• Review the results of the search and look for any lien attached to the property
• If the lien information is from sources other than a county recorder’s office, verify it at the recorder’s office to ensure that they are accurate.

Free Lien Search on Property

In North Dakota, persons seeking free lien property search can:

• Log in to the North Dakota Central Indexing System and use the Public Search tools to conduct a free search for liens on a property
• Visit local libraries, community organizations, or non-profit groups and look at property titles for information on active liens.
• Visit county recorders’ websites and search for property liens
• Search online for free access to North Dakota property liens on third-party websites. Some private websites may have online databases of North Dakota public records.

What is a Mechanics Lien in North Dakota?

In North Dakota, a mechanic's lien refers to legal claims against a property by general contractors, subcontractors, material suppliers, engineers, architects, laborers, surveyors, and professional equipment lessors to enforce payments for their services and materials. Per North Dakota laws, the purpose of a mechanic's lien is to set up a legal mechanism to protect the interest of lienholders by encouraging debtors to pay for services or supplies or potentially force a lien property owner to sell the property and settle outstanding debts.

North Dakota Mechanics Lien Search

Searching for a mechanic's lien on properties in North Dakota involves several steps. To conduct a mechanic's lien search on a property in North Dakota, identify the property, gather its details (these include full address, land records and block numbers, and subdivision), and do the following:

• Visit the recorder's or register of deeds office at the county where the property is located and request access to the property's records to look for liens attached to the property
• Log in to the North Dakota Recorders Information Network, register to log in, and conduct a search for the mechanic's lien (a 30-day subscription is $30.00, while it costs $7.00 to access records for 24 hours.
• Visit the North Dakota Central Indexing System website, use the Public Search tools, or create an account and conduct a mechanic's lien search on properties within the state.
• Search for online databases on the websites of the county recorder's office where the property is located.

Property records gathered from non-government sources should be checked for accuracy and completeness through the county recorders’ offices.

What is a Mortgage Lien in North Dakota?

In North Dakota, a mortgage lien is a legal claim by a creditor on a property that secures a loan. For instance, a lender may put a mortgage lien on a real estate if an individual takes a loan to secure its purchase. A mortgage lienholder may be a financial institution such as a bank, credit union, mortgage company, or a lender that provides mortgage financing.

Mortgage lien on properties may:

• Put properties at risk of foreclosure if their owners are not able to meet their obligations
• Limit the sales options for the properties
• Impact the market value of the properties.

In addition, a property owner must disclose an active mortgage lien to potential buyers.

What is a UCC Lien in North Dakota?

In North Dakota, Universal Commercial Code (UCC) is a legal interest on a personal property that secures a loan. UCC allows a creditor to claim interest on movable properties or assets a debtor used as collateral for a loan. A creditor can file a UCC lien through the North Dakota Secretary of State's Office Central Indexing System. Typically, UCC liens are used to secure commercial financing for businesses and offer creditors protection against businesses that rely on personal properties as collateral for loans.

UCC Lien Search North Dakota

North Dakota uses a central filing and search system for UCC liens. To look for UCC liens on properties in North Dakota, log in to the North Dakota Secretary of State's Office Central Indexing Services Portal and use debtors’ names or filing numbers to perform UCC lien searches.

What is a Lien Title in North Dakota?

In North Dakota, a title lien is a legal encumbrance on a property title that gives a lienholder a right to claim a property if the owner defaults in debt repayments. However, if the debtor fails to meet the agreed obligations, the creditor must provide the debtor with a notice of default and the opportunity to make repayments within a specified period before initiating foreclosure.

North Dakota Title Lien Search

Search for North Dakota encompasses online and offline repositories. In North Dakota, interested persons can search for title liens on properties online through the date government repositories or databases of the various county recorders or register of deeds office websites. Also, title liens may be available through in-person visits to the various county property records custodian agencies across the state.

Free Title Lien Search in North Dakota

Free search for North Dakota title liens may be available through state or local government public resources and databases. To access title liens for free in North Dakota:

• Visit the specific county recorder of Register of Deeds office website and access their database using online search tools (some county offices may offer free access to property records)
• Log to the North Dakota Central Indexing Services webpage, use the Public Search Portal, and perform a title search to access free information on title liens.
• Check local libraries and community resources centers for free search for title liens.

What is a judgment Lien in North Dakota?

A judgment lien in North Dakota is a legal claim on a person's business and non-exempt real property as a result of a court judgment. In North Dakota, a court may issue a judgment lien in favor of a creditor if a debtor fails to pay a court-ordered amount. Per North Dakota law, a judgment lien may:

• Limit the ability of owners to sell their properties
• Impact individuals’ credit scores and make it difficult to source financing for future projects
• Complicate the selling of properties that have active liens on them
• Damage the reputation of the debtor
• Make it difficult for a business to secure loans.

North Dakota Judgment Lien Search

Judgment liens may be available in North Dakota through county property records custodians or court clerk offices. To conduct a judgment lien search on a property in North Dakota, determine the specific county where the property is located and:

• Log in to the recorder's or register of deeds office website and conduct a lien search on their database (if available)
• Visit the recorder's or register of deeds office and ask for assistance in accessing judgment liens on properties.

How to Get a Lien Release in North Dakota

A lien on a property remains active until the debtor makes payment for outstanding debts, the creditor releases it, or the time for enforcement elapses (this may take several years based on the type of lien). Obtaining a lien release in North Dakota may depend on the type of lien.

In North Dakota, a lienholder or the servicer who manages the loan on behalf of the creditor is under obligation to issue a lien release letter if a debtor repays a loan in full. However, to remove a lien from a property, the debtor must show proof of payment, a lien release letter from the creditor, and pay a recording fee to the county recorder's office to file the lien release.

Generally, to obtain a lien release in North Dakota, a debtor needs to:

• Pay the debt associated with the lien and obtain a receipt or written confirmation from the lienholder
• Prepare a lien release document, complete it, and have it signed by the lienholder or their loan servicer
• Notarize the lien release document if necessary (some types of lien may require this for it to be valid)
• Submit the lien release at the county recorder's or register of deeds office for document filing
• Pay the filing fees, and make copies of the files lien release for safekeeping (as official proof that the lien is no longer active)
• Confirm the release through the county recorder's or register of deeds online database (or visit the physical office)
• Send notices to parties who need to know about the lien release.

How to Get a Copy of a Lien Release in North Dakota

In North Dakota, getting a copy of a lien release may depend on the type of lien. Generally, persons seeking copies of lien release letters in North Dakota should visit the recorder's or register of deeds office in the county where the property is located. In addition, interested persons can explore the following options for getting different types of lien release letters in North Dakota.

Mortgage lien

• Contact the mortgage lender and request a copy of the lien release letter.

Mechanic's lien

• Contact the individual who filed the lien and request a copy of the lien release statement they issued after payments.

UCC lien

• Search for the lien release on the North Dakota Central Indexing Services website using the debtor's name and filing number to search for a lien release letter. The NDCIS maintains copies of lien documents in its database.