reglab/housing_qa huggingface dataset:
NE Code § 76-251 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-251 - Deed intended as mortgage; recording; effect.

76-251.  Deed intended as mortgage; recording; effect.Every deed conveying real estate, which, by any other instrument in writing, shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage. The person for whose benefit such deed shall be made shall not derive any advantage from the recording thereof, unless every writing operating as a defeasance, or explaining its effect as a mortgage, or conditional deed, is also recorded therewith and at the same time.Source   R.S.1866, c. 43, § 29, p. 286;   R.S.1913, § 6223;   C.S.1922, § 5622;   C.S.1929, § 76-228;   R.S.1943, § 76-251. Annotations  1. Intent 2. Defeasance 3. Evidence 4. Miscellaneous 1. Intent Where deed absolute in form is intended as security for a debt, it will be construed as a mortgage. Koehn v. Koehn, 164 Neb. 169, 81 N.W.2d 900 (1957). Absolute deed and contract of defeasance executed as part of the same transaction should be construed together, and if it appears that the instruments were intended as security, should be given effect as a mortgage. Ashbrook v. Briner, 137 Neb. 104, 288 N.W. 374 (1939). When grantee under deed intended as security is in possession, grantor's equity of redemption may be defeated by parol settlement. Stall v. Jones, 47 Neb. 706, 66 N.W. 653 (1896). 2. Defeasance If deed is accompanied by separate written instrument of defeasance, transaction constitutes a mortgage. Campbell v. Ohio National Life Ins. Co., 161 Neb. 653, 74 N.W.2d 546 (1956). Land contract, absolute in form, may be mortgage. Lipp v. So. Omaha Land Syndicate, 24 Neb. 692, 40 N.W. 129 (1888). Grantee in deed accompanied with defeasance in writing cannot lease. Connolly v. Giddings, 24 Neb. 131, 37 N.W. 939 (1888). Where defeasance is canceled, deed becomes absolute. Wamsley v. Crook and Hall, 3 Neb. 344 (1874). 3. Evidence To establish absolute conveyance as instrument intended for security, testimony must be clear, convincing and satisfactory. O'Hanlon v. Barry, 87 Neb. 522, 127 N.W. 860 (1910); Wilde v. Homan, 58 Neb. 634, 79 N.W. 546 (1899). Parol evidence may establish deed, absolute in form, as mortgage. Morrow v. Jones, 41 Neb. 867, 60 N.W. 369 (1894). 4. Miscellaneous To extent that this section conflicts with Nebraska Trust Deeds Act, this section is modified by implication. Blair Co. v. American Savings Co., 184 Neb. 557, 169 N.W.2d 292 (1969). Warranty deed executed and delivered for purpose of securing an indebtedness considered a mortgage. Hanks v. Northwestern State Bank of Hay Springs, 143 Neb. 204, 9 N.W.2d 175 (1943). Record of deed is constructive notice of grantee's interest in premises. Livesey v. Brown, 35 Neb. 111, 52 N.W. 838 (1892). Purchaser for value without notice is protected. Kemp v. Small, 32 Neb. 318, 49 N.W. 169 (1891). Land contracts under consideration were considered to be equal with mortgages. Ehlers v. Vinal, 253 F.Supp. 58 (D. Neb. 1966).
NE Code § 76-252 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-252 - Release of mortgage; mortgagee's obligation and liability.

76-252.  Release of mortgage; mortgagee's obligation and liability.Section 76-2803 shall govern the mortgagee's obligation to record or cause to be recorded a release of mortgage and the liability of the mortgagee for failure to timely record or cause to be recorded a release of mortgage.Source   Laws 1994, LB 1275, § 5;   Laws 1995, LB 396, § 2;  Laws 2002, LB 957, § 30;  Laws 2003, LB 218, § 18;  Laws 2018, LB750, § 3.
NE Code § 76-253 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-253 - Mortgage; record; certificate of discharge or satisfaction.

76-253.  Mortgage; record; certificate of discharge or satisfaction.Any mortgage shall be discharged upon the record thereof by the register of deeds in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his legal personal representative or assignee, acknowledged or proved or certified as prescribed in sections 76-216 to 76-236, specifying that such mortgage has been paid, or otherwise satisfied and discharged.Source   R.S.1866, c. 43, § 32, p. 287;   Laws 1887, c. 30, § 22, p. 371;   R.S.1913, § 6225;   C.S.1922, § 5624;   C.S.1929, § 76-230;   R.S.1943, § 76-253;   Laws 1963, c. 430, § 1, p. 1446.  Cross References  Recording fees, see section 33-109.Annotations  A mortgagee who releases a mortgage, as to all lands therein described, to a grantee of the mortgagor without the latter's consent, cannot hold such mortgagor personally liable for the debt secured when the actual value of the lands so released exceeds or equals the indebtedness secured by such mortgage. Petters v. Storm, 132 Neb. 542, 272 N.W. 409 (1937). Failure to release mortgage of record may subject the mortgagee to penalties but has no effect to keep mortgage in existence when debt has been paid. Shriver v. Sims, 127 Neb. 374, 255 N.W. 60 (1934). Lien is extinguished by formal release whether paid or not. Gadsden v. Johnson, 65 Neb. 447, 91 N.W. 285 (1902). Release, acknowledging full payment, but describing only part of land, is a complete release. Gadsden v. Latey, 42 Neb. 128, 60 N.W. 322 (1894). Release by mortgagee after assignment is effective as to bona fide purchaser without notice. Whipple v. Fowler, 41 Neb. 675, 60 N.W. 15 (1894); Montgomery v. Waite, 1 Neb. Unof. 144, 95 N.W. 343 (1901).
NE Code § 76-254 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-254 - Mortgage; record; certificate of discharge or satisfaction; how indexed.

76-254.  Mortgage; record; certificate of discharge or satisfaction; how indexed.Every such certificate and the proof or the acknowledgment thereof shall be indexed in the order of mortgages and recorded at full length. In the record of discharge the register of deeds shall make a reference to the book and page or computer system reference where the mortgage is recorded.Source   R.S.1866, c. 43, § 33, p. 287;   Laws 1887, c. 30, § 23, p. 271;   R.S.1913, § 6226;   C.S.1922, § 5625;   C.S.1929, § 76-231;   R.S.1943, § 76-254;   Laws 1984, LB 679, § 14.  Annotations Real estate mortgages must be indexed and recorded at full length, and abstract showing release of mortgage in index but not of record, does not show good title of record. Rath v. Wilgus, 110 Neb. 810, 195 N.W. 115 (1923).
NE Code § 76-256 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-256 - Mortgage; assignment; recording not notice to mortgagor.

76-256.  Mortgage; assignment; recording not notice to mortgagor.The recording of an assignment of a mortgage shall not, in itself, be deemed notice of such assignment to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee.Source   R.S.1866, c. 43, § 44, p. 290;   R.S.1913, § 6229;   C.S.1922, § 5628;   C.S.1929, § 76-234;   R.S.1943, § 76-256. Annotations  Recording assignment of mortgage is not notice to mortgagor so as to invalidate payment to mortgagee. Shriver v. Sims, 127 Neb. 374, 255 N.W. 60 (1934). Record of assignment is constructive notice to mortgagor. Bettle v. Tiedgen, 85 Neb. 276, 122 N.W. 890 (1909), rehearing on 77 Neb. 795, 110 N.W. 548 (1906). Transfer of interest coupon to third person operates as assignment pro tanto. New England Loan & Trust Co. v. Robinson, 56 Neb. 50, 76 N.W. 415 (1898). Payment to third party is at mortgagor's risk, and must prove agency. Richards v. Waller, 49 Neb. 639, 68 N.W. 1053 (1896). Mortgagor is protected only by paying party who holds note. Bull v. Mitchell, 47 Neb. 647, 66 N.W. 632 (1896). Section has no application to holder of negotiable paper transferred before maturity. Stark v. Olsen, 44 Neb. 646, 63 N.W. 37 (1895); Eggert v. Beyer, 43 Neb. 711, 62 N.W. 57 (1895).
NE Code § 76-257 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-257 - Deeds and other instruments; recording; duty of register of deeds to reference on instrument.

76-257.  Deeds and other instruments; recording; duty of register of deeds to reference on instrument.The register of deeds shall mark upon the deed or instrument, after recording the same, the book and page or computer system reference where the same is recorded.Source   R.S.1866, c. 43, § 37, p. 287;   Laws 1887, c. 30, § 24, p. 372;   R.S.1913, § 6227;   C.S.1922, § 5626;   C.S.1929, § 76-232;   R.S.1943, § 76-257;   Laws 1984, LB 679, § 15.
NE Code § 76-258 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-258 - Deeds and other instruments; formal defects; recorded for more than ten years; validated.

76-258.  Deeds and other instruments; formal defects; recorded for more than ten years; validated.When any instrument of writing, in any manner affecting or purporting to affect the title to real estate, has been, or may hereafter be recorded for a period of ten years in the office of the register of deeds of the county wherein such real estate is situated, and such instrument, or the record thereof, because of defect, irregularity or omission, fails to comply in any respect with any statutory requirement or requirements relating to the execution, attestation, acknowledgment, certificate of acknowledgment, recording or certificate of recording, such instrument and the record thereof shall, notwithstanding any or all of such defects, irregularities and omissions, be fully legal, valid, binding and effectual for all purposes to the same extent as though such instrument had, in the first instance, been in all respects duly executed, attested, acknowledged and recorded.Source   Laws 1941, c. 152, § 1, p. 593;   C.S.Supp.,1941, § 76-276;   R.S.1943, § 76-258. Annotations Defects in execution of deed are cured after passage of ten-year period. Bailey v. Karnopp, 170 Neb. 836, 104 N.W.2d 417 (1960).
NE Code § 76-259 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-259 - Deeds and other instruments; formal defects; what constitutes.

76-259.  Deeds and other instruments; formal defects; what constitutes.The defects, irregularities and omissions mentioned in section 76-258 shall include all defects and irregularities in respect to formalities of execution and recording, and all defects and irregularities in, as well as the entire lack or omission of attestation, acknowledgment, certificate of acknowledgment, or certificate of recording, and shall apply with like force to instruments whether or not the real estate involved is homestead.Source   Laws 1941, c. 152, § 2, p. 593;   C.S.Supp.,1941, § 76-277;   R.S.1943, § 76-259.
NE Code § 76-260 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-260 - Deeds and other instruments; recorded for more than ten years; effective as notice despite formal defects.

76-260.  Deeds and other instruments; recorded for more than ten years; effective as notice despite formal defects.From and after its validation by the operation of section 76-258, such instrument shall impart notice to subsequent purchasers, encumbrancers, and all other persons whomsoever so far as and to the same extent that the same is recorded, notwithstanding such defects, irregularities or omissions; and such instrument, the record thereof, or a duly authenticated copy shall be competent evidence to the same extent as such instrument would have been competent if valid in the first instance.Source   Laws 1941, c. 152, § 3, p. 593;   C.S.Supp.,1941, § 76-278;   R.S.1943, § 76-260.
NE Code § 76-264 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-264 - Deeds executed in another state; omission of private seal, validated.

76-264.  Deeds executed in another state; omission of private seal, validated.No deed of conveyance or other instrument affecting real estate in this state, which has been executed and acknowledged or proved in any other state, territory or district of the United States and which has been executed and acknowledged or proved in accordance with the laws of such state, territory or district, shall be held invalid because of the failure of the grantor to affix thereto his private seal, although the affixing of such private seal may be required by the laws of such state, territory or district. Every such deed of conveyance or other instrument, which has been so executed and acknowledged or proved, is declared to be legal, valid and binding, and all such deeds of conveyance or other instruments, and the record thereof in the office of the register of deeds of the county in which said real estate is situated, shall be competent evidence in the courts of this state.Source   Laws 1917, c. 223, § 4, p. 546;   C.S.1922, § 5657;   C.S.1929, § 76-263;   R.S.1943, § 76-264.
NE Code § 76-266 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-266 - Trust deeds executed prior to 1917; failure to name beneficiary and record; presumption of authority of trustee to convey.

76-266.  Trust deeds executed prior to 1917; failure to name beneficiary and record; presumption of authority of trustee to convey.When any conveyance of the title to, or any interest in, or any lien on real estate shall have been made prior to July 24, 1917, to any person or corporation as trustee and no beneficiary is named therein, and no declaration of the terms of the trust shall have been made in writing and recorded in the office of the register of deeds of the county in which such real estate is located, and such person or corporation as trustee has thereafter conveyed said title or interest, or assigned or released said lien, it shall be presumed that such trustee had the power and authority to make such conveyance, assignment or lease. In all actions which may be brought after July 24, 1919, by any person claiming a right or interest in or to said real estate, or a lien thereon adverse to such conveyance, assignment or release by said trustee, the presumption that such trustee had power and authority to make such conveyance, assignment or release shall be conclusive.Source   Laws 1917, c. 223, § 6, p. 547;   C.S.1922, § 5659;   C.S.1929, § 76-265;   R.S.1943, § 76-266. Annotations  If no declaration of terms of trust have been recorded, trustee holding legal title will be conclusively presumed to have had authority to enter into lease. Bauer v. Bauer, 136 Neb. 329, 285 N.W. 565 (1939). Mere insertion of trustee after name of patentee does not prevent grantee from transferring to another where trust is not disclosed. Perry v. Ritze, 110 Neb. 286, 193 N.W. 758 (1923).
NE Code § 76-267 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-267 - Trust deeds executed prior to 1917; failure to record; presumption of authority of trustee to convey; filing of notice by beneficiary; effect.

76-267.  Trust deeds executed prior to 1917; failure to record; presumption of authority of trustee to convey; filing of notice by beneficiary; effect.Where any such conveyance or lien shall have been made prior to July 24, 1917, to any person or corporation as trustee and such trustee has not conveyed, assigned or released it before said date, and no declaration of the terms of the trust has been executed and recorded in the office of the register of deeds of the county in which such real estate is located, it shall be presumed that such person or corporation, as trustee, had power and authority to convey such right or interest in said real estate or to assign or release such lien thereon, and a purchaser in good faith from such trustee shall not be bound to inquire or ascertain the terms of the trust unless the person claiming a beneficial interest therein shall, within two years after July 24, 1917, have filed in the office of the register of deeds of the county where such real estate is located, a notice verified by his affidavit describing the real estate in which he claims an interest and stating what right or interest therein he claims, and his place of residence.Source   Laws 1917, c. 223, § 6, p. 547;   C.S.1922, § 5659;   C.S.1929, § 76-265;   R.S.1943, § 76-267.
NE Code § 76-268 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-268 - Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.

76-268.  Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.If any conveyance of the title to, or any right or interest in real estate, or any lien thereon, shall be made after July 24, 1917, to any person or corporation as trustee without naming any beneficiary and without any declaration of the terms of the trust having been executed and recorded in the manner prescribed by statute, in the office of the register of deeds of the county in which such real estate is located, it shall be conclusively presumed that such person or corporation as trustee, has power and authority to convey the title, right and interest in such real estate which has been conveyed to him, or to assign or release such lien without any other person joining therein, and a purchaser from such trustee shall not be bound to inquire or ascertain the terms of the trust, unless before such conveyance, assignment or release has been made by such trustee, the person claiming a beneficial interest therein shall have filed a notice as provided in section 76-267, in the office of the register of deeds of the county in which said real estate is located.Source   Laws 1917, c. 223, § 6, p. 547;   C.S.1922, § 5659;   C.S.1929, § 76-265;   R.S.1943, § 76-268.
NE Code § 76-269 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-269 - Instrument recorded more than fifteen years without contest; validity.

76-269.  Instrument recorded more than fifteen years without contest; validity.After one year from July 24, 1917, no action shall be maintained whereby to set aside, cancel, annul, declare void or invalid any deed of conveyance, mortgage, release of mortgage, or other instrument affecting the title to any real estate, which has been recorded in the office of the register of deeds of the county or counties in this state in which such real estate is situated for more than fifteen years prior to the commencement of such action, and purporting to be executed by any executor, administrator, guardian, receiver or trustee, notwithstanding any defect in, or absence of, any record of the court granting authority to such executor, administrator, guardian, receiver or trustee to execute the same. Unless such deed of conveyance, mortgage, release of mortgage or other instrument shall have been modified or set aside by an action or proceeding commenced within one year after said date or within fifteen years from the date of recording thereof, it shall be conclusively presumed that such executor, administrator, guardian, receiver or trustee had due authority to execute the same, notwithstanding such defect in, or absence of, any record of such court. This section shall not release any such executor, administrator, guardian, receiver or trustee from any liability or responsibility to which he is subject.Source   Laws 1917, c. 223, § 8, p. 549;   C.S.1922, § 5661;   Laws 1923, c. 101, § 1, p. 256;   C.S.1929, § 76-267;   Laws 1935, c. 149, § 1, p. 553;   C.S.Supp.,1941, § 76-267;   R.S.1943, § 76-269.
NE Code § 76-269.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-269.01 - Deed of conveyance executed by a personal representative; validity.

76-269.01.  Deed of conveyance executed by a personal representative; validity.On and after September 9, 1997, no action may be maintained to set aside any deed of conveyance executed by a personal representative of an estate prior to September 9, 1993, upon the grounds that the personal representative lacked authority conferred by the will of the decedent to convey real estate without court order or that a court order authorizing the sale of the real estate was invalid.Source  Laws 1994, LB 188, § 2.
NE Code § 76-270 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-270 - Grantee represented as corporation; conveyance more than ten years from recording; validity.

76-270.  Grantee represented as corporation; conveyance more than ten years from recording; validity.Where any grantee takes title to real estate in this state under a name including the word company or corporation, whether such grantee was or was not in fact a corporation, and where such grantee subsequent to the date that such title is taken conveys all of such land or part thereof, through a deed executed on behalf of such grantee by any person or persons, after ten years from the recording thereof such deed shall be as good, valid, legal and effectual as though such grantee had been at the time of receiving and conveying said land, a corporation de jure, and said deed conveying said land had been executed and acknowledged on its behalf by the officers and in the manner provided by law.Source   Laws 1937, c. 166, § 1, p. 634;   C.S.Supp.,1941, § 76-275;   R.S.1943, § 76-270;   Laws 1947, c. 245, § 1, p. 769.
NE Code § 76-271 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-271 - Affidavits to correct defects; recording; effect.

76-271.  Affidavits to correct defects; recording; effect.Affidavits explaining or correcting any apparent defect in the chain of title to any real estate, may be recorded as instruments affecting real estate, and such record shall be prima facie evidence of the facts therein recited.Source   Laws 1913, c. 75, § 1, p. 218;   R.S.1913, § 6253;   C.S.1922, § 5652;   C.S.1929, § 76-258;   R.S.1943, § 76-271. Annotations  Variances in spelling of names may be cured by affidavit. Perry v. Ritze, 110 Neb. 286, 193 N.W. 758 (1923). Affidavit recorded in office of register of deeds is prima facie evidence of facts stated therein. Schlake v. Healey, 108 Neb. 35, 187 N.W. 427 (1922).
NE Code § 76-272 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-272 - Affidavits to correct defects; validity.

76-272.  Affidavits to correct defects; validity.All such instruments now appearing of record in the chain of title to any real estate, are legalized; and they shall have the same force and effect as those herein provided for.Source   Laws 1913, c. 75, § 2, p. 219;   R.S.1913, § 6254;   C.S.1922, § 5653;   C.S.1929, § 76-259;   R.S.1943, § 76-272. Annotations Affidavit recorded in office of register of deeds is prima facie evidence of facts stated therein. Schlake v. Healey, 108 Neb. 35, 187 N.W. 427 (1922).
NE Code § 76-274 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-274 - Merger of lien with fee; when presumed.

76-274.  Merger of lien with fee; when presumed.Whenever an interest in the fee title to any real estate in this state and an interest in a mortgage or other lien affecting the same interest shall become vested in the same person, and such person subsequently conveys such fee title by deed, unless a contrary intent is expressed by the terms of such deed, it shall be conclusively presumed in favor of subsequent purchasers and encumbrancers for value and without notice, that such lien interest merged with the fee and was conveyed by such deed and that such lien was thereby released from the fee interest so conveyed.Source   Laws 1935, c. 150, § 1, p. 555;   C.S.Supp.,1941, § 76-273;   R.S.1943, § 76-274. Annotations  A mortgage does not merge in the fee title where there is no identity of ownership of the mortgage and the fee title; thus, there can be no merger where a lien attaches to the entire property and the interest in the fee title was that of a joint tenant. County of Keith v. Fuller, 234 Neb. 518, 452 N.W.2d 25 (1990). Merger occurs under this section only when a person who has an interest in the fee title and an interest in a lien subsequently conveys the fee title to a third person. The action bringing about the merger is the subsequent conveyance. Whipple v. Commercial Bank of Blue Hill, 6 Neb. App. 249, 572 N.W.2d 797 (1997).