AGO 85-36.

CourtNorth Dakota
North Dakota Attorney General Opinions 1985. AGO 85-36. Office of the Attorney General State of North Dakota Opinion No. 85-36Date Issued: October 4, 1985Requested by: Tom P. Slorby Ward County State's Attorney--QUESTION PRESENTED-- Whether a foreclosure judgment is to be docketed as a money judgment.--ATTORNEY GENERAL'S OPINION-- It is my opinion that a foreclosure judgment should not be docketed as a money judgment. --ANALYSIS-- N.D.C.C. § 28-20-11 provides for entry of judgments. It states:
28-20-11. HOW JUDGMENT ENTERED--NOTICE WHEN CERTIFIED COPY RECORDED.--The judgment shall be entered in the judgment book and shall specify clearly the relief granted or other determination of the action, but the entry of any judgment affecting the title or possession of real property, except judgments required to be docketed under the provisions of section 28-20-13, shall not be notice of its contents or constructive notice of such judgment to a subsequent bona fide purchaser or encumbrancer, nor to a privy of any party to such judgment who is otherwise a subsequent purchaser or encumbrancer in good faith, and for a valuable consideration, until a certified copy of such judgment shall be recorded in the office of the register of deeds in the county in which such property is located.
N.D.C.C. § 28-20-13 specifies how judgments are to be docketed and creates a statutory lien on the real property of the debtor:
28-20-13. DOCKETING JUDGMENT--TRANSCRIPT TO OTHER COUNTIES-- LIEN ON REAL PROPERTY. On filing a judgment roll upon a judgment that directs the payment of money, the clerk of the district court in which the judgment was rendered shall docket the judgment in a separate record to be known as the 'judgment docket'. The judgment docket may be docketed in any other county upon filing with the clerk of the district court of that county a transcript of the original judgment docket. The judgment is a lien on all the real property, except the homestead, of every person against whom the judgment is rendered, which the person may have in any county in which the judgment is docketed at the time of docketing or which the person thereafter acquires in the county, for ten years from the time of docketing the judgment in the county in which it was rendered. When a judgment is docketed in a county to which unorganized territory is attached for judicial purposes, the judgment is a lien upon any real property of the judgment debtor situated in the unorganized territory to the same extent as though the real property were situated in the organized county. If the unorganized territory thereafter is organized as a county, a transcript of the judgment docket must be filed in the office of the clerk of the district court of the county within ninety days after the organization of the county, or it ceases to be a lien upon any real property in the county. [Emphasis supplied.]
N.D.C.C. § 28-20-15 requires an affidavit of identification prior to docketing judgments. It states:
28-20-15. AFFIDAVIT OF IDENTIFICATION REQUIRED BEFORE FILING OF JUDGMENTS.--No judgment for the
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