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ND HB1316

Bill

Status

Passed

4/12/2013

Primary Sponsor

Scott Louser

Click for details

Origin

House of Representatives

63rd Legislative Assembly

AI Summary

  • Amends the definition of "good funds" to include checks drawn on real estate broker or attorney trust accounts up to $3,000 if closing agent has reasonable grounds to believe sufficient funds will be available at disbursement.

  • Increases the limit for cashier's checks qualifying as "good funds" from $30,000 to $50,000 in the aggregate when drawn on accounts at banks in North Dakota, Minnesota, Montana, or South Dakota.

  • Requires closing agents to disclose to sellers the anticipated closing date and all dates through which loan payoffs are calculated in closing documents.

  • Establishes that closing agents cannot disburse funds from escrow unless funds from any single party totaling at least $10,000 are in the form of "good funds."

  • Creates civil liability allowing persons to sue for violations of good funds requirements, with statutory damages of $500 per violation in the first action and $1,000 per violation in subsequent actions, plus actual damages.

Legislative Description

Good funds for real estate transactions.

Last Action

Signed by Governor 04/12

4/12/2013

Committee Referrals

Industry, Business, and Labor1/15/2013

Full Bill Text

No bill text available