North Dakota Notice of Contract for Deed Forms

In North Dakota, a Notice of Contract for Deed is typically recorded more frequently than a Memorandum of Contract because:

1. It Provides Specific Statutory Protection
North Dakota law (specifically N.D.C.C. § 32-18-01 through 32-18-08) governs land contracts (contracts for deed), and the Notice of Contract for Deed is explicitly referenced in the statutory process for cancellation and enforcement.

Recording a Notice of Contract for Deed ensures:
Public notice of the buyer’s equitable interest.

The buyer is protected from claims by future buyers or creditors of the seller.

Triggering of statutory procedures if the seller wants to cancel the contract under Chapter 32-18.

2. Easier for Title and Recording Purposes
County recorders in North Dakota are familiar with Notices of Contract for Deed and often prefer them because:
They meet formatting and indexing requirements better.
They are more easily searchable in the public record.
Title companies more readily recognize them when issuing commitments or policies.

3. Often Required for Statutory Cancellation
Per N.D.C.C. § 32-18-03, if a seller wants to cancel a land contract due to buyer default, a Notice of Cancellation must be served. This process is easier if a Notice of Contract for Deed was previously recorded.

Memorandum of Contract vs. Notice of Contract
Notice of Contract for Deed---Memorandum of Contract
Specific to ND statute: Yes-----No
Protects buyer’s rights: Strongly-----Possibly
Recording preference: Preferred---Less common
Triggers cancellation rules: Yes------No

A Notice of Contract for Deed is recorded more frequently than a Memorandum of Contract in North Dakota because it:

Offers clearer statutory protections
Is specifically contemplated in cancellation statutes
Better serves title, enforcement, and recording needs
Is more comprehensive and standardized
Would you like an example of a Notice of Contract for Deed formatted for North Dakota?