Wherever in the record of title to real estate, there appears in the chain of title any variation in the spelling of the name of any person appearing in such chain of title, in any instrument affecting the title to the real estate, or where any grantor, mortgagor, vendor, lessor, or other maker of any such instrument, signs without the joinder of the spouse, any person may make an affidavit setting forth therein:

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Terms Used In North Dakota Code 47-19-11

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Grantor: The person who establishes a trust and places property into it.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

1.    That the person personally is cognizant of the facts stated by the person in such affidavit; 2.    The identity of any person appearing in such chain of title under names varying in the spelling thereof or in the use of initials; and

3.    Whether or not, at the time of the transfer or encumbrance to which the affidavit relates, the land described therein was or was not the homestead of the grantors, mortgagors, vendors, or the persons whose title is divested or encumbered, wholly or in part, or in any way affected by such transfer or conveyance.