A mortgage deed is the document that creates a mortgage and grants an ownership interest (lien) to the lender (often a bank) until the loan is paid in full. A mortgage deed usually must include:
• the name of the mortgagor (the borrower);
• words of grant or conveyance in which the mortgagor (borrower) grants or conveys real property to the lender or mortgagee;
• the name of the mortgagee;
• a property description sufficient to identify the mortgaged real property;
• the mortgagor’s signature; and
• an acknowledgment in which a notary public signs and officially stamps the mortgage deed to verify the identity of the person signing the deed and for the mortgagor to declare or acknowledge to the notary that the mortgagor signed the deed willingly and voluntarily and was not coerced into signing it.
And in some states a deed must be delivered to be effective. Delivery of a deed generally includes:
• the grantor’s (mortgagor or borrower) intent to convey title to the property to the grantee (mortgagee or lender)—not just the physical handing over of the deed; and
• the grantee’s (mortgagee or lender) acceptance of the deed as an immediate conveyance of the title to the real property.
Laws vary from state to state and the legal requirements for a valid mortgage deed may be located in a state's court opinions (common law or case law) or in its statutes.
In Hawaii, a mortgage deed is a legal document that secures the interest of the lender in the property until the borrower repays the loan in full. The essential elements that must be included in a mortgage deed in Hawaii are similar to those outlined in the description: the names of the mortgagor (borrower) and mortgagee (lender), words of grant, a sufficient property description, the mortgagor’s signature, and an acknowledgment by a notary public. The acknowledgment serves to confirm the identity of the signatories and that they are signing voluntarily. Hawaii law requires that the mortgage deed be recorded with the Bureau of Conveyances to provide public notice of the mortgage. The concept of 'delivery' in Hawaii implies that the mortgagor intends to transfer the interest in the property to the mortgagee and that the mortgagee accepts this transfer. The actual physical delivery of the document is not necessary as long as these intentions are clear and legally documented. It's important to consult with an attorney to ensure that all legal requirements are met for a valid mortgage deed in Hawaii.