Deposit in special fund to extinguish lien, encumbrance, or cloud affecting or relating to the title to real property
N.D. Cent. Code § 9-12-28
in effect9-12-28. Deposit in special fund to extinguish lien, encumbrance, or cloud affecting or
relating to the title to real property.
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t09c12.pdf#nameddest=9-12-28Fetched: 10/16/2026
