LaMoure County, North Dakota

County Recorder

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 with any questions.

Image title

Laurie Good, Recorder
laurie.good@co.lamoure.nd.us

Image title

LaDean Podoll, Deputy
ladean.podoll@co.lamoure.nd.us

202 4th Ave NE, PO Box 128
LaMoure, ND 58458

Phone: (701) 883-6070
Fax: (701) 883-4220

Hours:
Monday -Friday
8:30 am - 12:00 and 1:00 pm - 4:30 pm
closed holidays

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.


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, 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.

Duties

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.
OTHER DUTIES
4. Safekeeping of all maps, plats and auditor lots.
5. Responsible for off site storage.
6. Will deposits
7. File burial permits
8. Responsible for storage of election ballots.   
9. File Corner Recordations

Recording Requirements

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.])
    a. After January 1, 2014 all documents are required to use of text no smaller than an equivalent of 10-point size font.


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, $20.00 for twenty lots or fewer and $50.00 for more than twenty lots.

For filing any non-central indexing system instrument, $10.00.

For making certified copies of any recorded instrument, the charge is $5.00 for the first page and $2.00 for each additional page.

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.

FULL CONSIDERATION STATEMENT

Listed below are examples of consideration statements required by North Dakota Century Code 11-18-02.2. Pick the appropriate statement and TYPE one of these examples on your deed.


1.  I certify that a report of the full consideration paid for the property described in this deed has been filed with the North Dakota State Board of Equalization.

Signed: ___________________ Date: __________
Grantee or Agent

2.  I certify that the full consideration paid for the property described in this deed is      $________________.

Signed: ___________________ Date: ____________
Grantee or Agent

3.  I certify that the requirement for a report or statement of full consideration paid does not apply because this deed is for one of the transactions exempted by subdivision _____ of  N.D.C.C. Section 11-18-02.2 (7)

Signed ____________________ Date: ____________
Grantee or Agent

    If you choose number three, you will have to pick one of the following and put the letter in the blank.
    A.  Property owned or used by public utilities.

    B.  Property classified as personal property.

    C.  A sale when the grantor and the grantee are of the same family or corporate affiliate, if known.

    D.  A sale which resulted as a settlement of an estate.

    E.  All sales to or from a government or governmental agency.

    F.  All forced sales, mortgage foreclosures, and tax sales.

    G.  All sales to or from religious, charitable, or nonprofit organizations.

    H.  All sales when there is an indicated change of use by the new owners.

    I.  All transfer of ownership of property for which is given a quitclaim deed.

    J.  Sales of property not assessable by law.

    K.  Agricultural lands of less than eighty acres (32.37 hectares).

    L.  A transfer that is pursuant to a judgment.

    M. A transfer on death deed or revocation instrument authorized under chapter 30.1-32.1


Wills

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.

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.  The will at that time may be released to the Courts only.

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 & Death Records

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

News & Updates

Severe Summer Weather Awareness
Posted on 05-23-2017

9-1-1: Call if You can, TEXT if you Can't
Posted on 05-16-2017

View All News & Updates

Latest From Calendar

National EMS Week
05-21-2017 to 05-27-2017

Memorial Day - Courthouse Closed
05-29-2017

County Commission Meeting
06-06-2017

County Commission Meeting
06-20-2017

View Calendar

Commission Minutes

Looking for County Commission Minutes?  If so, simply click the "View Commission Minutes" button below.

View Commission Minutes

Make a Payment

Make a secure payment to LaMoure County utilizing the Official Payments System.  For more information and instructions, go to the County Treasurer page.

Treasurer Page / Make a Payment

Copyright © 2013-2017 LaMoure County & it's licensors.