Key Takeaways

  • North Dakota closings are typically handled by title companies or attorneys
  • The closing disclosure must be provided at least 3 business days before closing (for loans)
  • Prorations for taxes, insurance, and HOA dues are calculated at closing
  • Title insurance protects against defects in title
  • Recording fees, transfer taxes, and other costs are allocated between buyer and seller
Last updated: January 2026

Closing Procedures

The closing (also called settlement) is the final step in a real estate transaction where ownership transfers from seller to buyer.

Closing Agents

In North Dakota, closings are typically handled by:

Agent TypeRole
Title CompanyMost common, handles title and closing
AttorneyMay represent buyer or seller
Escrow AgentNeutral third party

Pre-Closing Activities

Title Examination

StepPurpose
Title searchReview public records for ownership history
AbstractSummary of all recorded documents
Title commitmentPreliminary title report
Clear titleResolve any issues before closing

Document Preparation

DocumentPurpose
DeedTransfers ownership
Mortgage/Deed of TrustSecures loan
Promissory NoteBorrower's promise to repay
Closing DisclosureDetails all costs
AffidavitsVarious certifications

Closing Disclosure Requirements

For loans subject to TRID (TILA-RESPA Integrated Disclosure):

RequirementDetails
TimingAt least 3 business days before closing
ContentAll loan terms and closing costs
ChangesMay require new 3-day waiting period
ProviderLender provides to borrower

Prorations

Items prorated at closing:

ItemCalculation
Property taxesBased on current tax year
InsuranceIf buyer assumes policy
HOA duesBased on assessment period
RentIf property is rented
UtilitiesSometimes prorated

Proration Methods

Annual Proration (365-day year)

Daily rate = Annual amount / 365 days

Monthly Proration (30-day month)

Daily rate = Monthly amount / 30 days

North Dakota Property Taxes

TimingTax Year
AssessmentJanuary 1
PaymentVaries by county
ProrationBased on ownership period

Note: In North Dakota, property taxes may be paid in arrears, affecting how prorations are calculated.

Title Insurance

Types of Title Insurance

TypeProtects
Owner's PolicyBuyer against title defects
Lender's PolicyLender's mortgage interest

What Title Insurance Covers

CoveredNot Covered
Unknown liensKnown defects
ForgeryDefects disclosed before purchase
Undisclosed heirsGovernment action (zoning, etc.)
Recording errorsSurvey issues (usually)

Closing Costs

Typical Buyer Costs

CostDescription
Loan origination feeLender charges
AppraisalRequired by lender
Credit reportLender requirement
Title insuranceOwner's and lender's policies
Recording feesFor deed and mortgage
Inspection feesHome, pest, etc.

Typical Seller Costs

CostDescription
CommissionReal estate agent fees
Title insuranceSometimes seller pays owner's policy
Deed preparationAttorney or title company
PayoffExisting mortgage balance
ProrationsSeller's share of taxes, etc.

Funding and Recording

Closing Day Process

  1. Final walkthrough - Buyer inspects property
  2. Review documents - All parties sign
  3. Funding - Funds transferred to escrow
  4. Recording - Deed recorded with county
  5. Disbursement - Funds distributed to parties
  6. Key transfer - Buyer takes possession

Key Point: Title transfers when the deed is delivered and accepted, not necessarily when recorded. Recording provides notice to the world.

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North Dakota Closing Process
Test Your Knowledge

How many business days before closing must the Closing Disclosure be provided for TRID-covered loans?

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Test Your Knowledge

When does title to property transfer in North Dakota?

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Test Your Knowledge

Which type of title insurance protects the buyer against defects in title?

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