NDAC 75-02-02.1-30
Contractual rights to receive money payments
Cite as N.D. Admin. Code ยง 75-02-02.1-30
1.
An applicant or recipient may own contractual rights to receive money payments. Such
contractual rights are available assets subject to the asset limits. If the applicant or recipient
has sold property and received in return a promise of payments of money at a later date,
usually to be made periodically, and an attendant promise to return the property if the
payments are not made, the arrangement is usually called a "contract for deed". The essential
feature of such a contract is the right to receive future payments, usually coupled with a right
to get the property back if the payments are not made. Contractual rights to receive money
payments also arise out of other types of transactions. The valuable contract document may
be called a promissory note, accounts receivable, annuity, mortgage, or by some other name.
2.
There is a presumption that the holder's interest in contractual rights to receive money
payments is saleable without working an undue hardship. This presumption may be rebutted
by evidence demonstrating that the contractual rights are not saleable without working an
undue hardship.