Closing Costs in North Dakota 2026: Buyer & Seller Guide
North Dakota’s constitution bars mortgage taxes and transfer taxes on real property, so no deed tax appears at closing. What does: a $20 recorder’s fee for a one-to-six-page document, and a deed that won’t record until the county auditor certifies taxes and special assessments are paid.
Article X, Section 27 rules out deed and mortgage taxes
Article X, Section 27 of the state constitution reads: “The state and any county, township, city, or any other political subdivision of the state may not impose any mortgage taxes or any sales or transfer taxes on the mortgage or transfer of real property.”
So there is no tax on the deed and none on the mortgage, and no city or county can add one of its own. The 2013 Legislature proposed the section as House Concurrent Resolution 3006 and sent it to voters at the 2014 general election. Recording fees are not taxes and still apply.
The price you paid is printed on the deed
Under N.D.C.C. § 11-18-02.2(1), the buyer (grantee) or the buyer’s authorized agent presenting the deed “shall certify on the face of the deed” either “a statement of the full consideration paid for the property conveyed,” or a statement naming the exemption the grantee believes applies. Subsection 3 says the recorder “may not record any deed” that fails this test. Willfully falsifying the price is a class B misdemeanor under subsection 7.
Subsection 6 (last amended in 2025) lists nine kinds of deeds the rule does not reach. The ones a household is most likely to meet are a sale between members of the same family “if known,” a sale that settles an estate, foreclosures and other forced sales, and any transfer made by quitclaim deed.
No recording until the county auditor signs off on taxes
Under § 11-18-02, the recorder “shall refuse to receive or record” a deed or contract for deed unless it carries a certificate from the county auditor. The certificate shows that the transfer has been entered and that “the delinquent and current taxes and delinquent and current special assessments against the land” have been paid. Alternatively, the certificate may show that, where the land was sold for taxes, those taxes and assessments “have been paid by sale of the land,” or that the instrument “is entitled to record without regard to taxes.” The recorder also may not record a deed where the auditor has found an unsatisfied lien under § 57-02-08.3.
Burleigh County’s recording checklist: “All taxes must be paid before the Auditor’s Office will transfer the deed so we can record it.” Section 11-18-03 exempts some instruments, such as a transfer on death deed, but not an ordinary sale deed. The statute does not say whether buyer or seller pays the taxes and assessments the auditor checks. Read the tax and special-assessment clause in your purchase agreement.
The recorder’s fee schedule in § 11-18-05
Section 11-18-05 says the recorder “shall charge and collect” these fees for deeds, mortgages and other instruments affecting title to real estate:
| What is recorded | Fee under § 11-18-05 |
|---|---|
| Document of 1 to 6 pages | $20 |
| Document of more than 6 pages | $65, plus $3 for each page after the first 25 |
| Document listing more than 10 sections of land | $1 for each additional section |
| No 1-inch margin on each page | May be recorded for an additional $10 |
| No 3-inch space across the top of page one | The recorder adds a page and charges for it |
A “page” is one side of a legal-size sheet, and $3 of each instrument’s fee goes to the county’s document preservation fund. These page tiers came from Senate Bill 2340 (2017 Session Laws, ch. 91), which took effect July 1, 2017. The person who offers a document for recording pays the fee (§ 11-18-01).
Worked example: a 4-page warranty deed costs $20. A 22-page mortgage costs $65. The recording total is $85.
Abstracts, a lawyer’s title exam and the owner’s policy
Section 26.1-20-05 bars a title insurer from issuing “any policy, binder, or certificate” unless it has obtained the title evidence from an abstracter certified under chapter 43-01. That evidence must also have been “examined by a person duly admitted to the practice of law.”
Abstracters’ charges are capped by statute. Section 43-01-18 sets base limits of $18 for each abstract entry, $185 for a complete certification covering the county offices and $12 for each name searched for judgments, real estate taxes, bankruptcies and federal and state tax liens, plus any fees a government office charges the abstracter. Beginning January 1, 2024, the Abstracters’ Board of Examiners adjusts those caps each year for inflation using the Midwest consumer price index. Ask the abstracter for the board’s current figures.
The North Dakota Insurance Department tells buyers that “you are not obligated to use the suggested title company.” On the owner’s policy, its guidance reads: “The party paying for the owner’s policy can be negotiated during the purchasing process.” Ask which fees the premium includes and which, such as search and examination or closing services, are billed separately. Premium discounts “might be available” if you buy the owner’s and lender’s policies from the same insurer, or if you are refinancing.
NDHFA’s DCA and Start credits
North Dakota Housing Finance Agency (NDHFA) loans are arranged through its participating lenders. All of its programs “require a $500 out-of-pocket cash investment.” Its two closing-cost programs each give a credit equal to three percent of the first mortgage amount, “in the form of a credit towards your out-of-pocket cash requirement.” It may cover down payment, closing costs and prepaid items: $7,500 on a $250,000 first mortgage.
- DCA: for low-income buyers. Income limits vary by county and family size. In Cass, McLean and Steele counties, the limit for a family of four is $92,150 (limits effective July 15, 2026). You need a homebuyer education certificate “dated before loan closing.”
- Start: for low- to moderate-income buyers. It is the assistance NDHFA lists for its North Dakota Roots loan, which has no income or purchase price limits.
NDHFA says each “cannot be used in conjunction with any other down payment assistance programs.” Both are limited to one- and two-unit homes, and the borrower must live in one of the units. NDHFA’s FirstHome loan requires that you have not owned a home as your principal residence within the last three years (a manufactured home on a permanent foundation counts); its income limits are $105,730 for a family of fewer than three and $121,590 for three or more, and the price limit for a single-family home is $500,000 (effective June 15, 2026). Get pre-approved with a lender that participates in NDHFA programs. The down payment calculator and affordability calculator show how the 3% credit and the $500 minimum fit your budget.
Related pages
- Closing costs by state
- North Dakota real estate guide
- Homeowner insurance guide for North Dakota
- Mortgage calculator and refinance guide
- Neighbors: Minnesota, South Dakota, Montana
Frequently Asked Questions
Does Fargo or Bismarck charge its own transfer tax?
No. Article X, Section 27 bars every “county, township, city, or any other political subdivision” from imposing one.
Is there a tax on the mortgage when I borrow?
No. The same section bars “any mortgage taxes.” Recording the mortgage costs the same page-based fee as any other document.
Can I leave the price off the deed?
Only if an exemption in § 11-18-02.2(6) applies, and then the deed must name it.
Why did my closing wait on the county auditor?
Because the recorder cannot take the deed without the auditor’s certificate that taxes and special assessments are paid (§ 11-18-02).
Can I stack DCA with a city down payment program?
No. NDHFA says DCA “cannot be used in conjunction with any other down payment assistance programs,” and the same rule applies to Start.