N.D. Cent. Code § 47-18-05.1

Current through 2023 Legislative Sessions

Section 47-18-05.1 - Waiver of homestead exemption - Notice required - Exemption for platted property

1. A mortgage on a homestead which is executed after June 30, 1991, and which is not a purchase money contract must contain the following statement printed in a conspicuous manner:

I understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale and that, by signing this contract, I voluntarily give up my right to this protection for this property with respect to claims based upon this contract.

This statement must be immediately followed by the date and the signature of the person to indicate that the person is specifically and knowingly waiving the exemption, which must be a separate signature from that person's signature to the entire mortgage contract.

2. This section does not apply to a mortgage on property less than forty acres [16.19 hectares].

N.D.C.C. § 47-18-05.1