North Dakota Code 35-01-25 – Assignment, satisfaction, foreclosure of mortgage, judgment, or other lien by heir, legatee, foreign administrator, executor, or guardian
A mortgage, judgment, or other lien upon real or personal property may be satisfied, assigned, or foreclosed by the following persons upon complying with the provisions of this section:
Terms Used In North Dakota Code 35-01-25
- Executor: A male person named in a will to carry out the decedent
- Executor: includes administrator and "administrator" includes executor. See North Dakota Code 1-01-49
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Legatee: A beneficiary of a decedent
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. By an executor or administrator appointed in another state or foreign country to administer the estate of any person owning any such mortgage, judgment, or other lien, when no executor or administrator of the estate of such person has been appointed in this state, upon recording or filing an authenticated copy of the person’s letters testamentary or letters of administration in the office in which such mortgage, judgment, or other lien is recorded or filed.
2. By an heir or legatee of such deceased person, residing within or without the state, upon recording or filing in the office in which such mortgage, judgment, or other lien is recorded or filed, an authenticated copy of the judgment or decree of the foreign court transferring the ownership of such mortgage, judgment, or other lien to such heir or legatee.
3. By a guardian appointed in another state or foreign country of a person owning any such mortgage, judgment, or other lien upon real or personal property, upon recording or filing an authenticated copy of the person’s letters of guardianship in the office in which the mortgage, judgment, or other lien is recorded or filed, together with an authenticated copy of the judgment or decree of the foreign court transferring the ownership of such mortgage, judgment, or other lien to the ward, if it has been so transferred.