Real Estate & UCC Statement (UCC-1A)
North Dakota law provides that a financing statement may be used to file in order to perfect a security interest and record in mortgage records when the collateral is timber to be cut, minerals or the like (including gas and oil), or when the financing statement is filed as fixture filing and the collateral is goods which are or are to become fixtures.
The statutes further state in 41-09-72 (1) that such a filing must be filed in the office where a mortgage on the real estate concerned would be filed or recorded. Therefore, if the intent is to file under UCC and mortgage records, then the filing must be with the County Recorder.
This filing serves two purposes:
1. Filing a financing statement in the UCC Index and;
2. Recording the document in the mortgage records.
The form to use is the North Dakota Financing Statement for Real Estate and UCC filing UCC-1A (SFN 17832) (34kb pdf) or the National Financing Statement form with the UCC Financing Statement Addendum.