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North Dakota Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure, Personal Injury and Real Estate Law for North Dakota on
Q: My home in Philadelphia was foreclosed on in 2010. I was employed with the Prisons then. I suffered a heart attack

I went to numerous court hearings and never got a result. I am a combat Veteran of Desert Storm. My wife and I would like some answers

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

This could be something that a Pennsylvania attorney and/or North Dakota attorney should advise on, but you await a response for two weeks. If there was an attorney representing you in the earlier hearings, contacting them and asking about the status of the file could be a starting point. If you... Read more »

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Want to lease my home out, but it’s not paid for yet? Can we buy another house at this time?
Lucas Wynne
Lucas Wynne answered on Apr 22, 2020

The short answer: call your bank (for mortgage restrictions), call your city (for rental permits).

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Dakota on
Q: Warranty deed is lost without being recorded with the County. Grantor is now deceased.

My mother did a Contract for Deed on her house with my nephew. The house was paid for in 2014. The lawyer sent out the original deed to my mom's Personal Representative to get recorded. No one recalls ever receiving the original copy nor can anyone find it now. I have a copy of the signed... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 21, 2020

The usual solution is the nephew needs to make a claim in your mother's probate case for distribution of your mother's share of the house to him. He will need to prove that there was a contract and it is now paid in full. It would be helpful to at least get a photocopy of the deed from... Read more »

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Can the seller take a propane tank after the house was closed?

He told us the house had a 500 gal tank and a 1000 gal tank. He never said he was taking one. He came and took it AFTER we closed.

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

Sounds like a good time for small claims court. Get compensated for that tank.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: I have a Land Patent is that the same as a deed?
Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 24, 2018

You do not have a land patent.

Land patents are the original grants from the government to the initial owner. All such grants were made over a hundred years ago. Any subsequent transfer would be by deed.

1 Answer | Asked in Agricultural Law and Real Estate Law for North Dakota on
Q: Why is federal law supreme to state law in land matters?

I'm having a land dispute were the other party has deed and I patent.

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land... Read more »

1 Answer | Asked in Real Estate Law for North Dakota on
Q: How much to file Quit Claim Deed in ND?

I have a Land Patent and need more proof.

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

The cost to file a deed in ND varies, but is generally around $25.

The cost of having an attorney prepare a quit claim deed varies from one attorney to another, but should be a few hundred dollars.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for North Dakota on
Q: We are buying house in gackle ND. We owe money on it. We bought it on a Hand shake the town we live in is pressuring

The owner of the property to kick us out by telling him they will attach Leins on the house, that we owe, if they don't remove us from the house. They've, city counsel members and others, told him many untrue statements about us, the states attorney called him and asked him what can he... Read more »

Nicholas Nelson
Nicholas Nelson answered on Apr 30, 2018

There are too many unknown details to provide any accurate legal information.

Contact an attorney for a consultation on the matter - many perform the initial consultation for free.

1 Answer | Asked in Antitrust and Real Estate Law for North Dakota on
Q: I am a realtor and I have an anti-trust law question.

I lost some buyers because they communicated with the listing agent on facebook about the house they wanted to buy and did buy. The listing agent told them if they bought the house from her she could give them a deal because she would have both sides and could give the seller a discount so she... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 8, 2018

To the contrary, it would likely be an anti-trust violation if you somehow prevented those buyers from participating freely in the real estate market or prohibiting them from contacting certain agents. There is a grave difference between an anti-trust violation and an unfair advantage. It does not... Read more »

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Can I get out of contract for deed if seller failed to diclise lead paint in house

Health department and federal epa already involved my kids are sick and federal law says she had to disclose lead or posibility of lead in houses older than 1978

Gregory Andrews Cade
Gregory Andrews Cade answered on Dec 27, 2017

Although a real estate attorney is the legal professional who can provide you with a specific, informative answer, I think you cannot successfully file a lawsuit against the former homeowner for failing to disclose the presence of lead paint on the property. According to the law, the seller is... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Q: I had some financial trouble and wan unable to pay rent. I was given a notice of intent to evict if I did not pay.

I was unable to pay so I left within the 3 day window the notice gave, can I be held liable for the remainder of my lease?

Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

Generally, after materially breaking the lease agreement, the tenant is responsible for the remainder of the lease per the terms of the agreement. However, a landlord generally has a duty to mitigate the damages to the tenant by making reasonable efforts to lease the property to another tenant.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Q: I just bern served a notice of intrntion to evict notice .. Do i have to vacate in 3 days or can i go to court
Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

If you do not vacate in 3 days, the landlord may bring an eviction (forcible detainer in legal speak) hearing. During such a hearing, each party will have the opportunity to argue their side. See North Dakota Century Code 47-32. Note that this is general legal information and should not be... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for North Dakota on
Q: I've lived with my bf for 2 yrs. He owns the house. Do I have any legal right to temporarily stay?

There are no children involved. There was never any agreement for rent etc. He had a mild stroke about a month ago. He needs help with some chores and taking care of the pets. I have no other home and all my belongings are here. I left my teaching job to be with him. Towards the end of the school... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

Your question is unclear as to whether you are being forced out. This would help in evaluating your question. Without this information, your question is difficult to address.

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