Home  > For Everyone  > Real Estate  > Mortgage Lending  > North Dakota Code 35-03-01.2 - Nature, extent, and effect of lien - Security not to be impaired 
Search the North Dakota Century Code

North Dakota Code 35-03-01.2 - Nature, extent, and effect of lien - Security not to be impaired

North Dakota Code > Title 35 > Chapter 35-03 > § 35-03-01.2 - Nature, extent, and effect of lien - Security not to be impaired


Current as of: 2009

       1.    A mortgage is a lien upon everything that would pass by a grant of the property, and upon nothing more.

       2.    A mortgage is a lien upon the property mortgaged in the hands of everyone claiming under the mortgagor subsequently to its execution, except purchasers and encumbrancers in good faith without notice and for value.

       3.    Real property held adversely to the mortgagor may be mortgaged, and such a mortgage takes effect from the time at which the mortgagor or one claiming under the mortgagor obtains possession of the property and has precedence over every lien upon the mortgagor's interest in the property created subsequently to the recording of the mortgage.

       4.    Title acquired by the mortgagor subsequent to the execution of the mortgage inures to the mortgagee as security for the debt in like manner as if acquired before the execution.

       5.    In the absence of an express covenant, a mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security.

       6.    A mortgage does not entitle the mortgagee to the possession of the property, but after the execution of a mortgage, the mortgagor may agree to the change of possession without a new consideration.

       7.    The assignment of a debt secured by a mortgage carries the security with it.

       8.    No person whose interest is subject to the lien of a mortgage may do any act which will substantially impair the mortgagee's security.

previous sectionChapter 35-03 Table of Contentsnext section
Previous sectionChapter 35-03 Table of ContentsNext section

________________________________________________________________________

Questions & Answers: Mortgage Lending

I am trying to determine if I have a case. My wife entered into a first position equity line of credit back in 2007. Our lender granted this loan without regard to repayment as m...
no English majors in sight here...
so let me see if I understand this right..... Your wife knowingly entered into a mortgage knowing she had no job or income? Seems to me that she likely defrauded the lender by lyi...
Should i be concerned that my refi was completed without a subordination agreement from my second lender?...
The lenders broker locked in my rate without telling me. I have not signed nor do I intend to sign this lock in agreement. Am I obligated to accept this interest rate, the current ...
please i am having problems with suntrust mortgage to help me save my home.how can i get emergency mortgage relief/ cliff regarding US code ,chapter 28....

North Dakota Laws: Mortgage Lending

North Dakota Code > Chapter 13-10 - Mortgage Loan Originators
North Dakota Code > Chapter 32-19.2 - Trustees for Commercial Buildings During Foreclosures
North Dakota Code > Chapter 35-03 - Mortgage of Real Property
North Dakota Code > Chapter 35-05 - Crop Mortgages
North Dakota Code > Chapter 47-29 - Recording Master Mortgage

U.S. Code Provisions: Mortgage Lending

U.S. Code > Title 12 > Chapter 11A - Federal Home Loan Mortgage Corporation
U.S. Code > Title 12 > Chapter 27 - Real Estate Settlement Procedures
U.S. Code > Title 12 > Chapter 28 - Emergency Mortgage Relief
U.S. Code > Title 12 > Chapter 29 - Home Mortgage Disclosure
U.S. Code > Title 12 > Chapter 39 - Alternative Mortgage Transactions
U.S. Code Title 12 > Chapter 42 > Subchapter I - Prepayment Of Mortgages Insured Under National Housing Act
U.S. Code > Title 12 > Chapter 49 - Homeowners Protection
U.S. Code > Title 12 > Chapter 51 - Secure And Fair Enforcement For Mortgage Licensing

Federal Regulations: Mortgage Lending

U.S. Code > Title 12 > Chapter 11A - Federal Home Loan Mortgage Corporation
U.S. Code > Title 12 > Chapter 27 - Real Estate Settlement Procedures
U.S. Code > Title 12 > Chapter 28 - Emergency Mortgage Relief
U.S. Code > Title 12 > Chapter 29 - Home Mortgage Disclosure
U.S. Code > Title 12 > Chapter 39 - Alternative Mortgage Transactions
U.S. Code Title 12 > Chapter 42 > Subchapter I - Prepayment Of Mortgages Insured Under National Housing Act
U.S. Code > Title 12 > Chapter 49 - Homeowners Protection
U.S. Code > Title 12 > Chapter 51 - Secure And Fair Enforcement For Mortgage Licensing
Comments (0)add comment

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

Alperin Law
Virgina Beach, VA Residential and Commercial Real Estate, Business and Estate Planning Law Firm

4605 Pembroke Lake Circle, Suite 300
Virginia Beach, Virginia 23455
Practice Areas: Real Estate
www.alperinlaw.com/
monotone-frail