{"data":{"id":"us-nd/n.d.-cent.-code-35-03-01.1","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 35-03-01.1","heading":"Definitions","body":"1.A mortgage is a contract by which specific real property capable of being transferred is hypothecated for the performance of an act without requiring a change in possession, and includes a transfer of an interest in real property, other than a trust, made only to secure the performance of an act.\n2.A power of sale under a mortgage of real property is a trust and can be executed only in the manner prescribed by the laws of this state governing the foreclosure of mortgages. Such a power may be conferred by a mortgage upon the mortgagee, or any other person, to be exercised after a breach of the obligation for which the mortgage is a security.","path":["Title 35 Liens","Chapter 35-03 Mortgage Of Real Property"],"source_url":"https://ndlegis.gov/cencode/t35c03.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"f5c25597e0bdc739b9767f960eb646b5e33fdbf3c7c022c1b34db192b4aaf066","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-35-03-01","next":"us-nd/n.d.-cent.-code-35-03-01.2"},"notice":"GroundRules: Original legal text. Not legal advice."}