Download North Dakota Mortgage Security Agreement and Promissory Note Legal Forms
North Dakota Mortgage Security Agreement and Promissory Note Overview
35-03-01.2. Nature, extent, and effect of lien - Security not to be impaired.
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.
35-03-07. Record - Notice to whom.
The record of a mortgage duly made operates as notice to all subsequent purchasers and encumbrancers.
Use this form to finance residential property, small commercial property, vacant land, condominiums, rental property and planned unit developments. A promissory note and mortgage with stringent default terms can be beneficial to the lender.
(North Dakota Mortgage Package includes forms, guidelines, and completed examples) For use in North Dakota only.