LaDean Podoll, Deputy
202 4th Ave NE
PO Box 128
LaMoure, ND 58458
Phone: (701) 883-5301 and dial 6 or to reach
| Nell dial | 212 |
| LaDean dial | 234 |
Fax: (701) 883-4220
Hours: Monday -Friday
8:30 am - 12:00 and 1:00 pm - 4:30 pm
closed holidays
The Recorders Office is located on the main floor of the LaMoure County Courthouse. We have all document images on the NDRIN web site dating back to August 16, 1978. To visit the NDRIN web site go to ndrin.com. Please contact our office for any questions.
Functions | Duties | Recording Requirements | Wills | Birth & Death Records
fUNCTIONS
Land Record Manager
As the land record officer, the Recorder’s office keeps a record of each patent, deed, mortgage, bill of sale and any document related to these transactions, insuring a permanent record of property ownership and accurate account of financial responsibilities. This provides the information necessary for both the secured and debtor parties.
UCC/CNS
The Recorders’ statewide computer service links all 53 counties, the Secretary of State and other state offices, the UCC/CNS system provides security for both the secured and debtor parties.
Customers
The Recorder’s office works with a wide and varied customer base. These customers use the filed and recorded information to document legal instruments, create and/or
extend abstracts, conduct land appraisals, locate property lines, draw plats, search ancestry, historical data, heir ships, mineral leases, courtroom testimony, UCC/CNS and many other interests.
County Officials, are not permitted by law to prepare legal papers for others, and you the public are requested not to ask county officials to do these things, but if such service is needed see your licensed attorney.
11-18-01, Recorders’ Duties
Recorder’s – Real Estate Records
1. Keep a full and true record, in proper books and other storage media provided for that purpose, of each patent, deed, mortgage, bill of sale, security agreement, judgment, decree, lien, certificate of sale, and other instrument required to be filed or admitted to record, if the person offering the instrument for filing or recording pays to the Recorder’s the fees provided be law for the filing or recording.
2. Endorse upon each instrument filed with the Recorder’s for record or otherwise the date and the hour and minute of the day of the filing or recording.
3. When the instrument is recorded or filed, endorse on the instrument the document number, the date, and the hour and minute of the date when it was recorded or filed with the Recorder’s.
Recorder’s – Uniform Commercial Code (UCC), Article 9
4. Prepare a security agreement abstract whenever any person requests the agreement and pays the required fee.
5. Furnish upon written or telephonic request to persons the information contained in financing statements filed to perfect a security interest pursuant to chapter 41-09 when the collateral is farm products, and to provide written confirmation of the oral information provided upon receipt of a fee which shall be the same as for recording that instrument.
OTHER DUTIES
6. Safekeeping of all maps, plats and auditor lots.
7. Responsible for off site storage.
8. Will deposits
9. File burial permits
10. Responsible for storage of election ballots.
11. File Corner Recordations
1. Must be original or certified copy of document
2. One –inch margin on top, bottom or side of each page of instrument (NDCC 11-18-05 [1.] [d])
a. Non-compliance: add’l $10.00 fee
3. A 4 X 3 ½ inch space must be provided on the first or last page of each instrument. If recording information can only be placed on the reverse side of an instrument, an additional page charge must be levied. (NDCC 11-18-05 [1.] [a] [4])
a. Non-compliance: Add $3.00 page charge
4. All dates filled in and the printed written or typed words must be considered legible by the county recorders before the page will be accepted for recording.
5. Adequate Legal Description (NDCC 11-18-05 [1] [a.] [3.])
6. All signatures (there must be exceptions depending upon the instrument)
a. Must be original handwritten signature(s) (NDCC 47-19-03 & 44-06-13.1 [1.]) see statute of exceptions)
b. All person(s) named in document (grantor, lessor, mortgagor, etc.) are the “signatories” and are also named in the acknowledgment
c. If grantor is an estate or trust, signed by personal representative(s) or trustee(s) before notary public
7. Acknowledgment(s) (NDCC 47-19-03) (see NDCC 47-19-02: instruments entitled to record without acknowledgment)
a. Acknowledgments for all signatories (Exception: Affidavits use “jurat” language)
b. Notary’s Seal(s) (ND notary seal must be surrounded by border NDCC 44-08- 06, if not, must also have embossed seal on document)
c. State filled in
d. County filled in (Alaska has districts; Louisiana has parishes; check US Notary Reference Manual)
e. Date of acknowledgment filled in
f. Names of Signatory appear in acknowledgment (as having appeared before the notary public)
g. Expiration Date of Notary’s Commission
Notary’s expiration date has not expired
Notary’s expiration date (written, typed, and/or part of notary stamp) are the same
h. Notary’s handwritten original signature (NDCC 44-06-13.1 [1.] & 47-19-03)
i. ND Notary’s place of notarization was in North Dakota
(ND Notary’s notarial act outside of ND (NDCC 44-06-01 & 47-19-55)
DEEDS- Additional Requirements
1. Statement of full consideration (not required on a deed covering minerals only) (NDCC 11-18-02.2)
2. Auditor’s transfer stamp & seal, all previous taxes years taxes must be paid in full (not required on a deed covering minerals only)
3. Post office address for grantee(s) (NDCC 47-19-05 & 47-10-07)
4. Name & address of drafter on a deed or c4d executed 1-1-2000 or after containing a metes & bounds legal description (NDCC 47-19-03.1)
MORTGAGES- Additional Requirements
1. Post office address of the mortgagee(s) (NDCC 35-03-04)
2. Post office address of the assignee(s) (NDCC 35-03-04)
RECORDING FEES
Number of Pages
$10.00 for first page - $3.00 for each additional page:
1 Page $10.00
2 Pages $13.00
“Page” means one side of a single legal size sheet of paper not exceeding eight and one-half inches (21.59 centimeters) in width and fourteen inches (35.56 (centimeters) in length.
No space of at least 4” X 3 1/2” square provided on the first or last page of each instrument for the County Recorder’s recording information (i.e., recorder’s signature, recorder’s seal, barcode recording label). (NDCC 11-18-05 [1][a.][4.]
Additional page @ $3.00 charge for recording information to be placed on “reverse” side of first page.
More than five (5) sections of land “listed”
$1.00 per section after the first five (5) listed. (NDCC 11-18-05 [1][b.]
Reference book/page or document # of prior recorded document:
$3.00 for each additional book/page or document # referenced after the first book/page or document #:(NDCC 11-18-05 [1][b.] document must contain language cited in statute that allows for the add’l fee(s) to be charged.
No 1-inch margin top, bottom or side of each page
Additional $10.00 fee
Plats, irregular tracts, or annexations, $10.00 for one lot plus 10 cents for each additional lot, with the exception of auditor’s lots which must be a single charge of seven dollars.
For filing any non-central indexing system instrument, $10.00.
For making certified copies of any recorded instrument or filed non-central indexing system instrument, the charge is $5.00 for the first page and $2.00 for each additional page. For making a non-central indexing system.
For filing, indexing, making or completing any statement, abstract or certificate under the Uniform Commercial Code central filing data base, the computerized central notice system or the computerized statutory liens data base, for receiving printouts and for other services provided in sections 41-09-42 and 41-09-43, as applicable.
The County Recorder may establish procedures for providing access for duplicating records under the county recorders control. Such records include paper, Photostat, microfilm, microfiche and electronic or computer generated instruments created by governmental employees.
Duplicate County Recorders records stored off-site as a security measure are not accessible for reproduction.
There is a filing fee of $10.00 for documents that are filed rather than recorded.
NDCC 30.1-11.01
Custody and deposit of Wills
Deposit of will in testator’s lifetime. The testator or the testator’s agent may deposit a will with a recorder for safekeeping. The will must be sealed and kept confidential. During the testator’s lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination.
DEPOSITING A WILL:
The testator or the testator’s agent may deposit a will in the Recorders Office upon payment of a $10.00 filing fee. You will be asked to note on the outside of the sealed envelope your personal representative or person authorized to obtain your will from our custody.
Wills are kept on file in a locked area with no access to anyone other than a staff member of the County Recorders Office.
SAFEKEEPING, EXAMINATION AND WITHDRAWAL OF A WILL DURING TESTATORS LIFETIME:
The County Recorder may disclose the fact that the testator has deposited a will for safekeeping to members of the general public who request the information, as this is public information, but may not disclose the contents of the will.
A recorder may, at the request of the testator or the person designated in writing by the testator, deliver to the testator the deposited will and permit the testator to review the will in a private part of the recorder’s office. The testator may return the will under seal to the recorder for deposit without the will leaving the recorder’s office.
If the testator or person designated in writing by the testator requests to withdraw their will leaves the recorder’s office with the will and wishes to redeposit the will later, a filing fee of $10.00 will be charged to refile the will.
A Personal Representative named may not receive the will without specific written authorization from the testator during testator’s lifetime.
A conservator may be allowed to examine the deposited will of a protected testator after providing the recorder with a copy of the conservator’s order for appointment or letters of conservatorship. These orders or letters will be examined by the recorder to determine whether there are restrictions on the powers of the conservator because these restrictions are effective regarding third persons such as the recorder.
Requiring proof of identification from persons claiming to be authorized to examine the will and requiring the person examining the will to sign a receipt not only reasonably protects the recorder’s office but also helps to provide proof for a prosecution if the person is acting falsely.
During the testator’s lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will.
A testator may withdraw their will from deposit at any time upon signing a receipt.
RELEASING WILL AFTER DEATH OF TESTATOR:
Proof of death must also be established prior to release of a will. This can be done by providing a copy of the death certificate or an obituary.
The recorder may permit a person who is authorized in a writing signed by the testator to receive the will or to examine the will. If there is no designation in writing regarding delivery to a person after death, then the will may only be delivered to the appropriate court.
If an attorney requests the will a letter indicating they are representing the family, date of death of the testator and copy of the death certificate should be provided.
Requiring proof of identification from persons claiming to be authorized to receive the will and requiring the person receiving the will to sign a receipt not only protect the recorder’s office but also helps to provide proof for a prosecution if the person is acting falsely.
Birth and Death records are on file with the
North Dakota State Department of Health
Requests for Birth and Death Certificates need to be sent to the ND State Department of Health Vital Records at the following address:
North Dakota State Department of Health
Vital Records
600 East Boulevard Ave., Dept 301
Bismarck, ND 58505-0200
701-328-2360
Email vitalrec@state.nd.us
Request forms can be accessed online at: www.vitalnd.com
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