Under current law, N.D. Cent. Code Ann. § 11-18-05(1)(a)(4) requires a margin of 4” x 3.5” to appear on either the first or last page of “deeds, mortgages, and all other instruments not specifically provided for” which are submitted for recording.
Upon the effective date of ND SB 2340 (2017), amendments made to this requirement changed the margin to a 3” margin, to appear “across the top of the first page of each instrument.” In addition, Ibid.§ 11-18-05(1)(a)(2) is amended to require that such instruments must, “unless the form was issued by a government agency,  have a font size equal to or larger than ten point Calibri” (see http://www.legis.nd.gov/assembly/65-2017/bill-index/bi2340.html).
Our generic security instruments for North Dakota are:
- ND Mortgage (Cx337)
- ND Mortgage Second (Cx495)
- HELOC Mortgage – ND (Cx3028)
- FHA ND Mortgage (Cx19392)
As a result of these amendments, we will be making the following changes to our North Dakota generic security instruments:
- Changing the margins on the first page to be 3” across the whole top of the page, with the “After Recording Return To:” section appearing below the margin.
- For Cx495 and Cx3028, changing the font size across the document to be 10-point Times New Roman. Currently, the body of the instruments are 10-point Times New Roman, which is slightly larger than 10-point Calibri. However, the text in the footer and loan information tables are less than 10-point type, so these will be increased. Note that this change to the footer font size will not be made to either our conventional first lien instrument (Cx337) or FHA instrument (Cx19392), since these forms are “issued by a government agency” (FNMA Form 3035 and the “FHA Model Mortgage Forward”). We again note that the body of text in both these instruments are already 10-point Times New Roman and will remain unchanged.
These changes will take effect immediately. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.
Update: We will also be making similar changes to the following assignments:
- ND Assignment of Mortgage (Cx1543)
- ND Assignment from MERS (Cx4340)
- ND Assignment – INV Blank (Cx4475)