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 Nebraska, a mortgage deed is a legal document that secures the interest of the lender in the property of the borrower until the mortgage loan is fully repaid. The essential elements that must be included in a mortgage deed in Nebraska are the name of the borrower (mortgagor), the granting clause, the name of the lender (mortgagee), a sufficient description of the property, the signature of the mortgagor, and an acknowledgment by a notary public. The acknowledgment serves to confirm the identity of the signatory and that the signing was done willingly and without coercion. Additionally, for a mortgage deed to be effective in Nebraska, it must be delivered with the intent of the mortgagor to convey the property title to the mortgagee, and the mortgagee must accept the deed. The specific legal requirements for a valid mortgage deed in Nebraska can be found in the state's statutes, and the deed must be recorded with the appropriate county office to provide public notice of the mortgage.