35-03-16. Satisfaction of mortgage - Discharge - Form - Power of attorney

35-03-16. Satisfaction of mortgage - Discharge - Form - Power of attorney A recorded mortgage must be discharged upon the record by the recorder having custody of the mortgage on the presentation of a certificate of discharge signed by the mortgagee, the mortgagee's executors, administrators, guardians, trustees, assigns, personal representatives, or special administrators appointed for that purpose, properly acknowledged or proved and certified as prescribed by chapter 47-19. The certificate of discharge must contain a brief description of the mortgage and must state that the mortgage has been paid in full or otherwise satisfied and discharged and that the officer is authorized to discharge the mortgage of record. Any person executing a certificate of discharge as a personal representative of the mortgagee first shall file and have recorded in the office of the recorder where the mortgage is recorded a power of attorney showing the person's authority to discharge mortgages in behalf of the mortgagee and in the mortgagee's name. The mortgagee shall present the certificate of discharge to the recorder for recording in the county in which the property is located within thirty days after the certificate of discharge is signed. The mortgagee may add the amount of the recording fee to the balance of the debt paid by the mortgagor. A certificate of the satisfaction of a mortgage may be made in substantially the following form: This certifies that a certain mortgage executed by ____________ of ____________, mortgagor, to ____________ of ____________, mortgagee, dated the ____________ day of ____________ in the year __________, upon the ____________ (here describe the property covered by the mortgage) and recorded in the office of the recorder in and for the county of ____________ and state of North Dakota, in book ____________ of mortgages on page __________ or as document number __________, is paid and satisfied; and ____________ hereby authorize and require the recorder to discharge the mortgage of record in the recorder's office. Witness ____________ hand this ____ day of __________ A.D. ___________________________ (Acknowledgment).