Probate & Trust Law Section Conference Manual ... - Minnesota CLE

3. North Dakota deeds cannot be recorded when property tax is owing. For
example, if a deed is attempted to be recorded on January 2, 2013, it will
not be recorded until the property tax payment is made (which otherwise
would not be due until March 1 (if you pay in full before February 15, you
get a 5% discount)).
4. North Dakota deed drafting issues (North Dakota Title Standards):
No well disclosure statement needed.
No state deed tax.
Recording fee is based on the number of pages recorded.
Marital status of grantor required on all deeds.
Specifically, in regards to homestead property, N.D.C.C. § 47-18-
05 requires:
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47.18-05. Homestead – How conveyed.
The homestead of a married person, without regard to the value thereof,
cannot be conveyed or encumbered unless the instrument by which it is
conveyed or encumbered is executed and acknowledged by both the
husband and wife.
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Per North Dakota Title Standards 2-07, a spousal attorneyin-fact
may sign a deed for a spouse, if the Power of
Attorney specifically authorizes the conveyance of the
homestead.
If the real property was not homestead property, then an
Affidavit of Non-Homestead may be recorded in lieu of the
spousal signature on the deed.
Every deed must contain a Statement of Full Consideration (except
mineral interest deeds), or an explanation of why such a statement
is not required.
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11-18-02.2. Statements of full consideration to be filed with state board
of equalization or recorder – Procedure – Secrecy of information –
Penalty.
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