reglab/statecodes huggingface dataset:
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-275 - Merger of lien with fee; subsequent conveyance; presumption; action to enforce lien, when barred.

76-275.
Merger of lien with fee; subsequent conveyance; presumption; action to enforce lien, when barred.
After one year from April 13, 1935, in all cases where before such date 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 have become vested in the same person and such person subsequently conveyed such fee title by deed, unless a contrary intent is expressed by the terms of such deed, it shall be presumed in favor of subsequent purchasers for value and without notice that such lien interest was merged with the fee and conveyed by such deed and that such lien was thereby released from the fee interest so conveyed. After April 13, 1936, no action shall be brought whereby to enforce such lien against subsequent purchasers and encumbrancers for value unless the claimant of such lien shall before that date file with the register of deeds of the county where the land is located an affidavit reciting the book and page or computer system reference where the deed of conveyance is recorded and that the claimant did not intend to merge or convey such lien interest by such deed.
Source
Laws 1935, c. 150, § 2, p. 555;
C.S.Supp.,1941, § 76-274;
R.S.1943, § 76-275;
Laws 1984, LB 679, § 16.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-275.01 - Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; validity.

76-275.01.
Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; validity.
Unless action is brought before September 7, 1948, to set aside the deed upon that ground, all deeds of conveyance executed by any person to himself or herself and the spouse of such person or by married persons direct to themselves as joint tenants with right of survivorship, which deeds were executed and recorded prior to August 24, 1941, be and the same hereby are legalized and validated as though a married person had the power, prior to August 24, 1941, to convey property directly to his or her spouse in the same manner and to the same extent as if he or she were unmarried.
Source
Laws 1947, c. 248, § 1, p. 772.
Cross References
For authority of married persons to convey to themselves as joint tenants subsequent to August 24, 1941, see section 76-118.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-275.02 - Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; limitation of action.

76-275.02.
Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; limitation of action.
After September 7, 1948, no action may be maintained to set aside any deed of conveyance mentioned in section 76-275.01, which deed was executed and recorded prior to August 24, 1941, upon the ground that the grantor or grantors therein did not have the legal power and right to make a conveyance direct to such grantee and spouse or themselves in such manner.
Source
Laws 1947, c. 248, § 2, p. 772.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-275.03 - Vacation of street or alley for more than ten years; effect of conveyance of adjoining platted lots.

76-275.03.
Vacation of street or alley for more than ten years; effect of conveyance of adjoining platted lots.
After one year from May 18, 1957, when (1) all or part of an adjoining street, avenue, or alley has been duly vacated under the applicable laws that all or a portion of such vacated street, avenue, or alley reverted to the owner of the adjoining platted lot, (2) a deed or deeds executed subsequent to such vacation and covering such platted lot have been of record more than ten years, and (3) there has been filed of record no instrument purporting to establish a contrary intent, the deed or deeds to the platted lot, without describing the vacated street, avenue, or alley, shall be irrevocably deemed to constitute a conveyance of the platted lot together with the reverted portion of such vacated street, avenue, or alley.
Source
Laws 1957, c. 317, § 1, p. 1135;
Laws 1963, c. 431, § 1, p. 1447.
Cross References
For other provisions for reverter to owner, see sections 14-115, 15-701, 16-611, 17-558, and 39-1725.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-275.04 - Recitals; intent.

76-275.04.
Recitals; intent.
When any instrument affecting title to real property is required by law to be recorded in any public record in order to be valid or effective or perfected either against all persons or against any person or persons or class of persons, and when any notice or statement concerning any instrument affecting title to real property is required by law so to be recorded in order for such instrument to be so valid or effective or perfected, no reference or recital as to such instrument contained in any other recorded instrument shall be notice of it to any person not an immediate party to the instrument making the reference, or put any such person upon inquiry concerning it, unless (1) the instrument referred to, or the notice or statement thereof in the form so required by law, has been recorded as so required prior to the recording of the reference or recital, and either the reference or recital specifies the public records and place therein where the instrument, notice or statement is to be found, or the instrument, notice or statement is in the chain of record title to the real property affected within a period of twenty years prior to the recording of the reference or recital, or (2) if the reference or recital has been made before September 28, 1959, unless the instrument, statement or notice is recorded as required by law not later than one year thereafter.
Source
Laws 1959, c. 348, § 1, p. 1234.