Any lien, encumbrance, or cloud affecting or related to the title to real property, when the only obligation concerns the payment of a sum certain in money to a specified creditor when the creditor, or the creditor’s heirs, successors, or assigns cannot be located, may be extinguished as provided by this section and section 9-12-29. The debtor shall deposit with the county treasurer the debtor’s affidavit to the effect that the debtor has made a careful, diligent, and good-faith search for the creditor and the creditor cannot be found. The debtor shall also deposit with the county treasurer the full amount of the debt, including all interest accumulated to the date of the deposit. The affidavit together with notice of the deposit, specifying the amount of the deposit, specifying that the purpose of the deposit is to discharge the lien, encumbrance, or cloud, and specifically describing the real property, must be published at the expense of the debtor once a week for three successive weeks in the official county newspaper in all counties in which the real property is situated.

Terms Used In North Dakota Code 9-12-28

  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
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