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North Dakota · N.D.C.C. §§35-03-16, -18, -19North Dakota mortgage discharge: the payoff in 7 business days, the certificate and the title company's release

For a sale of North Dakota residential property, the servicer must provide the owner or its representative, within seven business days after a written request giving the owner's name and loan number and saying the information is needed to close a sale, the amount needed to pay off the loan on a stated date and any escrow balance – without a fee; if it's late and the closing is postponed as a result, it's liable for all damages caused by the delay (N.D. Cent. Code §35-03-18). After payoff, the recorder discharges the mortgage on presentation of an acknowledged certificate of discharge signed by the mortgagee or its successors, describing the mortgage and stating it's paid; the mortgagee presents it for recording within 30 days after signing it and may add the recording fee to the payoff (§35-03-16). If no satisfaction or release has been recorded after payment in full was sent per the mortgagee's or servicer's payoff statement, an officer or appointed agent of a title insurance company may execute and record, on behalf of the mortgagor or a buyer from the mortgagor, a certificate of release for a mortgage that secured a loan of $500,000 or less; it operates as a release, and the title company is liable to the mortgagee for actual damage from a wrongful one (§35-03-19).

The rules

  1. 1. Payoff: 7 business days (§35-03-18)

    Free; damages if a late payoff postpones closing.

  2. 2. Certificate of discharge (§35-03-16)

    Recorded within 30 days after the mortgagee signs it.

  3. 3. Title company release (§35-03-19)

    Loans up to $500,000, after payoff per the payoff statement.

  4. 4. Effect

    The certificate of release operates as a release.

What the TC can do

  • Note the payoff date – the statutory clock runs from it or from the written request.
  • Calendar a check of the county records for the recorded release.
  • If it's missing, send the written request in the form the statute requires and keep proof of delivery.

Questions about North Dakota mortgage releases

How fast must a North Dakota servicer give a payoff for a sale?

Within seven business days after a written request, free of charge (N.D. Cent. Code §35-03-18).

Can a North Dakota title company release a paid-off mortgage?

Yes, for a loan of $500,000 or less, by recording a certificate of release after payment in full per the payoff statement (§35-03-19).

ClosingCode adds a post-closing task to confirm the seller's paid-off mortgage release was recorded, with an owner and a due date.

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Source: North Dakota Century Code §§35-03-16, 35-03-18 and 35-03-19 (ndlegis.gov, read October 26, 2026).

General information, not legal advice. Penalties are enforced in court; ask a local attorney before demanding one. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.