Section 45-915 – MORTGAGE — SATISFACTION — FAILURE TO RELEASE OF RECORD — PENALTY.
45-915. MORTGAGE — SATISFACTION — FAILURE TO RELEASE OF RECORD — PENALTY. When any mortgage, affecting the title to real property, has been satisfied, the holder thereof or his assignee must immediately, on the demand of the mortgagor, purchaser, or the successor in interest of either, execute, acknowledge, and deliver to him a certificate of […]
Section 45-916 – APPLICATION TO REAL PROPERTY ONLY.
45-916. APPLICATION TO REAL PROPERTY ONLY. The provisions of this chapter shall apply to mortgages of real property only. History: [45-916, added 1967, ch. 272, sec. 19, p. 745.]
Section 45-905 – DEFEASANCE MAY BE SHOWN BY PAROL.
45-905. DEFEASANCE MAY BE SHOWN BY PAROL. The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a trustee under any trust deed or transfer in trust, or a subsequent purchaser or encumbrancer for value […]
Section 45-906 – EXTENT OF MORTGAGE LIEN.
45-906. EXTENT OF MORTGAGE LIEN. A mortgage is a lien upon everything that would pass by a grant or conveyance of the property. History: [(45-906) R.S., sec. 3355; reen. R.C. & C.L., sec. 3393; C.S., sec. 6360; I.C.A., sec. 44-806.]
Section 45-907 – SUBSEQUENT TITLE INURES TO MORTGAGEE.
45-907. SUBSEQUENT TITLE INURES TO MORTGAGEE. Title acquired by a mortgagor subsequent to the execution of the mortgage or by a grantor subsequent to the execution of the trust deed inures to the mortgagee or trustee in like manner as if acquired before the execution. History: [(45-907) R.S., sec. 3356; R.C. & C.L., sec. 3394; […]
Section 45-908 – POWER OF ATTORNEY TO MORTGAGE.
45-908. POWER OF ATTORNEY TO MORTGAGE. A power of attorney to execute a mortgage, or deed of trust must be in writing, subscribed, acknowledged, or proved, certified and recorded in like manner as powers of attorney for grants of real property. History: [(45-908) R.S., sec. 3357; reen. R.C. & C.L., sec. 3395; C.S., sec. 6362; […]
Section 45-909 – RECORDING ASSIGNMENT OF MORTGAGE.
45-909. RECORDING ASSIGNMENT OF MORTGAGE. An assignment of a mortgage may be recorded in like manner as a mortgage and such record operates as notice to all persons subsequently deriving title to the mortgage from the assignor. History: [(45-909) R.S., sec. 3358; reen. R.C. & C.L., sec. 3396; C.S., sec. 6363; I.C.A., sec. 44-809; am. […]
Section 45-910 – RECORD OF ASSIGNMENT NOT NOTICE TO MORTGAGOR.
45-910. RECORD OF ASSIGNMENT NOT NOTICE TO MORTGAGOR. The record of the assignment of a mortgage is not of itself notice to a mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee. History: [(45-910) R.S., sec. 3359; reen. R.C. & C.L., sec. […]
Section 45-911 – ASSIGNMENT OF DEBT CARRIES SECURITY.
45-911. ASSIGNMENT OF DEBT CARRIES SECURITY. The assignment of a debt secured by mortgage carries with it the security. History: [(45-911) R.S., sec. 3360; reen. R.C. & C.L., sec. 3398; C.S., sec. 6365; I.C.A., sec. 44-811.]
Section 45-912 – MARGINAL DISCHARGE OF MORTGAGE.
45-912. MARGINAL DISCHARGE OF MORTGAGE. A recorded mortgage may be discharged by an entry in the margin of the record thereof, signed by the mortgagee, or his personal representative or assignee, acknowledging the satisfaction of the mortgage in the presence of the recorder, who must certify the acknowledgement in form substantially as follows: "Signed and […]