reglab/housing_qa huggingface dataset:
NE Code § 76-232 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-232 - Proof in lieu of acknowledgment; filing.

76-232.  Proof in lieu of acknowledgment; filing.Any person interested in a deed that is not acknowledged, may, at any time before or during the proceedings before such officer, file, in the office of the register of deeds of the county where the lands lie, a copy of the deed, compared with the original by the register of deeds, which shall, for the space of thirty days thereafter, have the same effect as the recording of the deed, if such deed shall within that time be duly proved and recorded.Source   R.S.1866, c. 43, § 11, p. 282;   Laws 1887, c. 30, § 14, p. 368;   R.S.1913, § 6207;   C.S.1922, § 5606;   C.S.1929, § 76-212;   R.S.1943, § 76-232.
NE Code § 76-233 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-233 - Proof in lieu of acknowledgment; certificate of officer.

76-233.  Proof in lieu of acknowledgment; certificate of officer.Every officer, who shall take the acknowledgment or proof of any deed, shall endorse a certificate thereof signed by himself on the deed, and in such certificate shall truly and specifically set forth the matters hereinbefore required to be done, known or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the substance of the evidence by them given.Source   R.S.1866, c. 43, § 12, p. 282;   R.S.1913, § 6208;   C.S.1922, § 5607;   C.S.1929, § 76-213;   R.S.1943, § 76-233. Annotations  Fact of acknowledgment should appear from instrument itself and cannot be shown by parol testimony. Solt v. Anderson, 71 Neb. 826, 99 N.W. 678 (1904). Mistake of notary in certificate of acknowledgment does not invalidate conveyance. Roberts v. Robinson, 49 Neb. 717, 68 N.W. 1035 (1896). Certificate is impeached only by clear and satisfactory proof of falsity. Phillips v. Bishop, 35 Neb. 487, 53 N.W. 375 (1892). Date of acknowledgment prevails over date of deed. Buck v. Gage, 27 Neb. 306, 43 N.W. 110 (1889). Acknowledgment showing appearance and acknowledgment by mortgagee but not of mortgagor was fatally defective, and parol evidence to impeach notary's certificate of acknowledgment omitting to show acknowledgment of mortgagor was inadmissible. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).
NE Code § 76-234 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-234 - Acknowledgment; duty of officer.

76-234.  Acknowledgment; duty of officer.No acknowledgment of any conveyance shall be taken by any officer, unless the officer taking it shall know or have satisfactory evidence that the person making such acknowledgment is the person described in and who executed such conveyance.Source   R.S.1866, c. 43, § 43, p. 289;   R.S.1913, § 6209;   C.S.1922, § 5608;   C.S.1929, § 76-214;   R.S.1943, § 76-234.
NE Code § 76-236 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-236 - Acknowledgment or certificate of genuineness; duty to record; failure; effect.

76-236.  Acknowledgment or certificate of genuineness; duty to record; failure; effect.The certificate of the proof or acknowledgment of every deed, and the certificate of the genuineness of the signature of any officer, in the cases where such last-mentioned certificate is required, shall be recorded together with the deed so proved or acknowledged; and unless the certificates be so recorded, neither the record of such deed nor the transcript thereof shall be read or received in evidence.Source   R.S.1866, c. 43, § 14, p. 283;   R.S.1913, § 6211;   C.S.1922, § 5610;   C.S.1929, § 76-216;   R.S.1943, § 76-236. Cross References  Statute of limitations, see section 25-202.Annotations Acknowledgment showing appearance and acknowledgment by mortgagee but not of mortgagor was fatally defective. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).
NE Code § 76-237 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-237 - Deeds; how recorded; when considered recorded.

76-237.  Deeds; how recorded; when considered recorded.Every deed, entitled by law to be recorded, shall be recorded in the order and as of the time when the same shall be delivered to the register of deeds for that purpose, and shall be considered recorded from the time of such delivery.Source   R.S.1866, c. 43, § 15, p. 283;   Laws 1887, c. 30, § 15, p. 368;   R.S.1913, § 6212;   C.S.1922, § 5611;   C.S.1929, § 76-217;   R.S.1943, § 76-237. Cross References  Recording fees, see section 33-109.Annotations  Mortgages are considered as recorded from the time of their delivery to the register of deeds for that purpose, but mere fact that a mortgage is recorded first does not necessarily give it priority over one recorded later, as between the parties, if they have agreed or intended otherwise. Reitz v. Petersen, 131 Neb. 706, 269 N.W. 811 (1936). Mere fact that one mortgage is indexed and recorded ahead of another does not give the first mortgage priority, and where both are delivered by mail without instructions, they are to be considered recorded from time of delivery. Judkins-Davies v. Skochdopole, 122 Neb. 374, 240 N.W. 510 (1932). Assignment of real estate mortgage is an instrument affecting the title of real estate within meaning of Recording Acts. Mulligan v. Snavely, 117 Neb. 765, 223 N.W. 8 (1929). Where a deed, properly executed and acknowledged, is filed for record, it is notice to all the world even though record book containing it is destroyed. Deming v. Miles, 35 Neb. 739, 53 N.W. 665 (1892). Party filing deed is not prejudiced by negligence of register. Perkins v. Strong, 22 Neb. 725, 36 N.W. 292 (1888).
NE Code § 76-239.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-239.01 - Construction finance; proceeds to apply payment of lawful claims for labor and material furnished; duty of contractor.

76-239.01.  Construction finance; proceeds to apply payment of lawful claims for labor and material furnished; duty of contractor.Any person, firm or corporation lending money for the purpose of financing the construction of improvements on real property, to be secured by a mortgage filed of record, is hereby required, before the disbursement of any proceeds under such loan, to notify the borrower in writing, separate from any written application, mortgage note, or any other loan document between the lender and the borrower, that it is the responsibility of the borrower or the borrower's contractor, if disbursements are to be made to such contractor, to apply the loan proceeds to the payment of lawful claims for labor and material furnished for such improvements and that failure of the borrower or his contractor to pay all lawful claims for labor and material could result in the filing of construction liens against the property. It shall be the duty of the contractor to whom any such disbursement is made to make such application of the loan proceeds.Source  Laws 1969, c. 612, § 1, p. 2491. Annotations Any corporation lending money for financing construction to be secured by a mortgage of record is required to notify the borrower in writing that it is the responsibility of the borrower or his contractor to apply the loan proceeds to payment of lawful claims for labor and materials furnished for improvements. Westland Homes Corp. v. Hall, 193 Neb. 237, 226 N.W.2d 622 (1975).
NE Code § 76-239.02 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-239.02 - Contractor receiving loan disbursement; agent of borrower; exception.

76-239.02.  Contractor receiving loan disbursement; agent of borrower; exception.Any such contractor receiving such loan disbursements and any funds of the borrower in addition to such loan disbursements shall be deemed to have consented to comply with the requirements of section 76-239.01 as to the application of such proceeds, and shall be deemed to be the agent of the borrower for so much of such proceeds as are necessary for the payment of such lawful claims for labor and material; Provided, that the foregoing provisions shall not apply where the contractor and the borrower are one and the same person. Nothing herein contained shall be construed to require the contractor to keep such proceeds in a separate account or accounts or to prorate payment of such proceeds to such lawful claims for labor and materials.Source  Laws 1969, c. 612, § 2, p. 2491.
NE Code § 76-239.03 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-239.03 - Sections shall not affect validity of mortgage rights of lender.

76-239.03.  Sections shall not affect validity of mortgage rights of lender.Nothing in sections 76-239.01 to 76-239.06 shall in any way affect the validity of the mortgage rights of the lender as provided for in section 76-238.01, or the lien rights of such lender.Source  Laws 1969, c. 612, § 3, p. 2492.
NE Code § 76-239.04 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-239.04 - Acceptance of proceeds without paying lawful claims or obtaining lien waiver; prima facie evidence of intent to deprive or defraud.

76-239.04.  Acceptance of proceeds without paying lawful claims or obtaining lien waiver; prima facie evidence of intent to deprive or defraud.In any prosecution under sections 76-239.01 to 76-239.06 of the person, firm or corporation so receiving such proceeds, when it shall be shown in evidence that the contractor had knowledge of lawful claims for labor and material existing at the time of receipt of loan proceeds and that such person, firm or corporation has not paid such lawful claims for labor and material to the extent of the funds received by him, the fact of acceptance of such proceeds without having paid the lawful claims or obtained a lien waiver within thirty days after receipt of such proceeds shall be prima facie evidence of intent to deprive or defraud on the part of the person, firm or corporation so receiving payment.Source  Laws 1969, c. 612, § 4, p. 2492.
NE Code § 76-239.05 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-239.05 - Violations; penalty.

76-239.05.  Violations; penalty.Any person, firm or corporation, the members of any firm, or the officers of any corporation, violating the provisions of sections 76-239.01 to 76-239.06 shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.Source  Laws 1969, c. 612, § 5, p. 2492.
NE Code § 76-239.06 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-239.06 - Contractor, defined.

76-239.06.  Contractor, defined.For the purposes of sections 76-239.01 to 76-239.06, the word contractor shall include any firm, person or corporation who acts in the capacity of a prime contractor, subcontractor or supplier for the construction of improvements on real property.Source  Laws 1969, c. 612, § 6, p. 2492.
NE Code § 76-241 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-241 - Deeds and other instruments; when not lawfully recorded.

76-241.  Deeds and other instruments; when not lawfully recorded.All deeds, mortgages and other instruments of writing shall not be deemed lawfully recorded unless they have been previously acknowledged or proved in the manner prescribed by statute.Source   R.S.1866, c. 43, § 17, p. 283;   R.S.1913, § 6214;   C.S.1922, § 5613;   C.S.1929, § 76-219;   R.S.1943, § 76-241;   Laws 1973, LB 227, § 2.  Annotations  Extension agreements involved were not eligible to record, but binding nevertheless on parties having actual knowledge thereof. Steeves v. Nispel, 132 Neb. 597, 273 N.W. 50 (1937). Where instrument, through which person claimed lien was not acknowledged or proved in manner prescribed by recording acts, although recorded, it did not operate as constructive notice. Dawson County State Bank v. Durland, 114 Neb. 605, 209 N.W. 243 (1926); Warnick v. Latta, 44 Neb. 807, 62 N.W. 1097 (1895); Keeling v. Hoyt, 31 Neb. 453, 48 N.W. 66 (1891). Assignee of junior encumbrancer is given priority over senior encumbrancer only in case his assignment is in registerable form and recorded before senior encumbrancer. Rumery v. Loy, 61 Neb. 755, 86 N.W. 478 (1901). Section applies also to assignments for benefit of creditors. Heelan v. Hoagland, 10 Neb. 511, 7 N.W. 282 (1880). Acknowledgment showing appearance and acknowledgment by mortgagee but not of mortgagor, was fatally defective. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).
NE Code § 76-242 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-242 - Acknowledgment in another state; recording; what constitutes sufficient authentication.

76-242.  Acknowledgment in another state; recording; what constitutes sufficient authentication.In all cases provided for in section 76-219, if such acknowledgment or proof is taken before a notary public or other officer using an official seal, except a commissioner appointed by the Governor of this state, the instrument thus acknowledged or proved shall be entitled to be recorded without further authentication. In all other cases the deed or other instrument shall have attached thereto a certificate of the clerk of a court of record, or other proper certifying officer of the county, district or state within which the acknowledgment or proof was taken, under the seal of his office, showing that the person, whose name is subscribed to the certificate of acknowledgment, was at the date thereof such officer as he is therein represented to be; that he is well acquainted with the handwriting of such officer; that he believes the signature of such officer to be genuine; and that the deed or other instrument is executed and acknowledged according to the laws of such state, district or territory.Source   R.S.1866, c. 43, § 5, p. 280;   R.S.1913, § 6201;   C.S.1922, § 5600;   C.S.1929, § 76-206;   R.S.1943, § 76-242. Annotations  The certificate of acknowledgment of a notary public in another state under his official seal is sufficient proof of the execution of a deed of lands in Nebraska for its admission in evidence in an action pending in this state. Jorgensen v. Crandell, 134 Neb. 33, 277 N.W. 785 (1938). Where instrument is acknowledged before commissioner of deeds in another state, certificate of Secretary of State is necessary. Omaha R. E. & T. Co. v. Reiter, 47 Neb. 592, 66 N.W. 658 (1896). No certificate of authority of notary in another state is required. Galley v. Galley, 14 Neb. 174, 15 N.W. 318 (1883); Green v. Gross, 12 Neb. 117, 10 N.W. 459 (1881). Certificate is required when acknowledging officer of foreign state has no seal. Irwin v. Welch, 10 Neb. 479, 6 N.W. 753 (1880).
NE Code § 76-243 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-243 - Deed; record; absence of seal of person taking acknowledgment; when not objectionable.

76-243.  Deed; record; absence of seal of person taking acknowledgment; when not objectionable.It shall be no objection to the record of a deed that no official seal is appended to the recorded acknowledgment or proof thereof if, when the acknowledgment or proof purports to have been taken by an officer having an official seal, there is a statement in the certificate of acknowledgment or proof that the same is made under his hand and seal of office, and such statement shall be presumptive evidence that the affixed seal was attached to the original certificate.Source   R.S.1866, c. 43, § 23, p. 285;   Laws 1875, § 1, p. 90;   R.S.1913, § 6218;   C.S.1922, § 5617;   C.S.1929, § 76-223;   R.S.1943, § 76-243. Annotations Failure of notary to write under his official signature the date when his commission will expire does not render his certificate void. Sheridan County v. McKinney, 79 Neb. 223, 115 N.W. 548 (1908).
NE Code § 76-244 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-244 - Lost deed or instrument; how proved.

76-244.  Lost deed or instrument; how proved.The copy of any record, or of any recorded deed or instrument, attested and authenticated in such manner as would by law entitle it to be read in evidence, may, on proof of the loss of the original and of the record, be again recorded, and such record shall have the same effect as the original record.Source   R.S.1866, c. 43, § 24, p. 285;   R.S.1913, § 6219;   C.S.1922, § 5618;   C.S.1929, § 76-224;   R.S.1943, § 76-244.
NE Code § 76-245 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-245 - Deeds and other instruments; where recorded.

76-245.  Deeds and other instruments; where recorded.Deeds and other instruments relating to or affecting the title of real estate in this state shall be recorded in the county in which such real estate, or any part thereof, is situated.Source   R.S.1866, c. 43, § 21, p. 284;   R.S.1913, § 6215;   C.S.1922, § 5614;   C.S.1929, § 76-220;   R.S.1943, § 76-245. Cross References  Recording fees, see section 33-109.
NE Code § 76-246 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-246 - Conveyances; power of attorney; how revoked.

76-246.  Conveyances; power of attorney; how revoked.No instrument containing a power to convey, or in any manner to affect real estate, executed, acknowledged or proved, and certified and recorded in conformity with the requirements of sections 76-211 to 76-245 and 76-2,126, can be revoked by any act of the party or parties thereto until the instrument of revocation is executed, acknowledged or proved, and certified and filed for record with the register of deeds of the county in which the power is recorded.Source   R.S.1866, c. 43, § 22, p. 285;   Laws 1887, c. 30, § 17, p. 369;   R.S.1913, § 6216;   C.S.1922, § 5615;   C.S.1929, § 76-221;   R.S.1943, § 76-246;  Laws 2012, LB536, § 33.
NE Code § 76-247 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-247 - Conveyances; power of attorney; copies, penalty.

76-247.  Conveyances; power of attorney; copies, penalty.A duly authenticated copy of the record of any power recorded in this state shall be entitled to record and shall operate to all intents and purposes, having the same force and effect, as the record of the original instrument. Such copy shall be duly authenticated only when there shall be attached thereto a certificate of the register of deeds under his hand and official seal, setting forth that the same is a true copy of the original record in his office, the date of the filing of the original instrument, and the volume and page where the same is recorded; Provided, it shall be unlawful for any register of deeds in this state to give a certified copy of any power of attorney which has been revoked and the revocation thereof filed in his office, without also stating the fact of such revocation in his certificate; and any person violating any of the provisions of this section shall be guilty of a Class V misdemeanor.Source   Laws 1883, c. 64, § 1, p. 265;   Laws 1887, c. 30, § 27, p. 373;   R.S.1913, § 6217;   C.S.1922, § 5616;   C.S.1929, § 76-222;   R.S.1943, § 76-247;   Laws 1977, LB 39, § 207.
NE Code § 76-248 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-248 - Wills; recording; how, when, and where authorized.

76-248.  Wills; recording; how, when, and where authorized.Any will of real estate, which shall have been duly proved in the county court of any county in this state, and any such will, the proof of which shall be contested in that court and carried up by appeal or otherwise and the validity of which shall be finally established, may, with the certificate of proof annexed thereto, be recorded in the office of the register of deeds of the county or counties where the real estate lies, in the same manner and with like effect as in case of deeds.Source   R.S.1866, c. 43, § 25, p. 285;   Laws 1887, c. 30, § 18, p. 369;   R.S.1913, § 6220;   C.S.1922, § 5619;   C.S.1929, § 76-225;   R.S.1943, § 76-248. Cross References  Recording fees, see section 33-109.
NE Code § 76-248.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-248.01 - Certificate of dissolution of marriage.

76-248.01.  Certificate of dissolution of marriage.A certificate of dissolution of marriage executed by the clerk of the district court under section 42-372.02 may be recorded in the office of the register of deeds of the county or counties where the real estate is located. A certificate of dissolution of marriage shall not be used in lieu of a deed or other conveyance of real estate to carry out the terms of the dissolution decree or as evidence of title.Source Laws 2005, LB 361, § 24.
NE Code § 76-249 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-249 - Judgment in partition; decree in equity; recording; effect.

76-249.  Judgment in partition; decree in equity; recording; effect.Any exemplification of any decree or judgment in partition on final decree in equity affecting real estate may in like manner be recorded in the office of the register of deeds in any county in which real estate described therein may be situated. Such record or exemplification thereof shall be received in evidence and shall be as effective in all cases as the original exemplification would be if produced, and shall be open to the same objection.Source   R.S.1866, c. 43, § 26, p. 285;   Laws 1887, c. 30, § 19, p. 370;   R.S.1913, § 6221;   C.S.1922, § 5620;   C.S.1929, § 76-226;   R.S.1943, § 76-249. Cross References  Recording fees, see section 33-109.Annotations Exemplification of decree quieting title to real estate must be recorded in office of register of deeds in order to claim benefits of recording act as against one whose instrument of title is first recorded. McCarthy v. Benedict, 90 Neb. 386, 133 N.W. 410 (1911).
NE Code § 76-250 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-250 - Wills; judgment in partition; decree in equity; certificate of dissolution of marriage; recording; how indexed.

76-250.  Wills; judgment in partition; decree in equity; certificate of dissolution of marriage; recording; how indexed.On recording any will, exemplification, decree, or certificate of dissolution of marriage, the register of deeds shall index the same in the indices of deeds, and as nearly as may be as deeds are indexed, placing the name of the devisor, petitioner, or plaintiff, with the grantors, and the devisee, respondent, or defendant with the grantees.Source   R.S.1866, c. 43, § 27, p. 286;   Laws 1887, c. 30, § 20, p. 370;   R.S.1913, § 6222;   C.S.1922, § 5621;   C.S.1929, § 76-227;   R.S.1943, § 76-250;  Laws 2005, LB 361, § 35.