The Office of the Secretary of State receives and maintains certain lien records through the North Dakota Central Indexing System (NDCIS) which fulfills state law requirements that lien filings must be completed online. This system may also be used to search lien records.
Lien records filed with the Secretary of State include:
Various central indexing statutes pertain to UCC and other lien filings.
A lien is a legal claim to the assets used as collateral to satisfy a debt. Common types of liens are bank liens, real estate liens, and tax liens. A lien can be established by a lender, through legal judgment, or a taxing authority. If the debt is not satisfied, the lienholder may be able to seize the collateral.
There are several parties involved in the filing of a lien.
Filing a public notice is the action taken to achieve priority as a secured party. The notice, also known as perfection, informs creditors and others about the lender’s security interest. Financing statements provide notice that a security interest may exist.
The duration and effectiveness of a lien vary depending on the type and jurisdiction. A lien lapses when the expiration date passes without a continuation being filed. This means the lender no longer has a secured interest in the collateral and is considered an unsecured creditor.
The lender can extend the secured interest by filing a continuation statement within 6 months before the lien's expiration date. Continuations are filed throughout the loan term to maintain the security interest until the duration of the loan/relationship ends.
Other actions related to a lien include:
