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 Massachusetts, a mortgage deed is a legal document that secures a loan by using real property as collateral. The document must include the borrower's name, words of grant or conveyance, the lender's name, a sufficient property description, the borrower's signature, and an acknowledgment by a notary public. The notary's acknowledgment is crucial as it confirms the identity of the signing party and that the deed was signed willingly. Massachusetts law also requires that the deed be delivered to be effective, which involves the borrower's intent to convey the property title and the lender's acceptance of the deed. The requirements for a valid mortgage deed in Massachusetts can be found in the state's statutes, specifically in Chapter 183 of the Massachusetts General Laws, and are also shaped by relevant case law. It is important for the mortgage deed to comply with these legal requirements to ensure the enforceability of the lien and protect the interests of both the lender and borrower.