§46-47. Closing of sale – Deed.
A. The sale shall be closed at a time and under reasonable conditions specified by the mortgagee at the time of the sale. Upon receipt of payment in form satisfactory to the mortgagee, the mortgagee shall execute and deliver a deed, without warranty, to the purchaser that is in substantial compliance with the form for […]
§46-48. Disposition of sale proceeds.
A. The mortgagee shall apply the proceeds of the sale as follows: 1. To the costs and expenses of exercising the power of sale and of sale, including the payment of reasonable attorney’s fees actually incurred; and 2. Unless otherwise required by law, to the payment of the contract or indebtedness secured by the mortgage, […]
§46-49. Termination of power of sale proceeding.
Notwithstanding anything herein to the contrary, the mortgagee may at any time prior to the conduct of any sale under this act, terminate any power of sale proceeding and pursue judicial foreclosure in accordance with the procedures provided for the foreclosure of mortgages. Added by Laws 1987, c. 107, § 7, eff. Nov. 1, 1987.
§46-16. How released.
A mortgage on real property may be released by written instrument, duly signed and acknowledged and recorded in the office of the county clerk as register of deeds. R.L. 1910, § 4024; Laws 1953, p. 178, § 1; Laws 1977, c. 156, § 3, eff. Oct. 1, 1977; Laws 1978, c. 92, § 2, eff. […]
§46-17. Mortgages, deeds of trust, etc. made by certain corporations covering real or personal property – Filing in Office of Secretary of State – Refiling – Fees.
Every mortgage, deed of trust, and instruments supplementary thereto or amendatory thereof, or satisfaction thereof, covering any real or personal property situated in this state, made to secure the payment of bonds or notes issued or to be issued thereafter by any corporation which is an interstate gas pipeline company, or by any public service […]
§46-18. Certificate of county treasurer.
The Secretary of State shall not receive for record or for filing any mortgage, deed of trust or instruments supplementary thereto or amendatory thereof, described and covered in Section 1 hereof, unless and until the same has thereon the certificate of a county treasurer that the same has been presented to him under the provisions […]
§46-3. Form of mortgage.
A mortgage upon real estate may be substantially in the following form, to wit: Know all men by these Presents: That, …… and …… of …… County, in the …… of …… part …… of the first part, have mortgaged and hereby mortgage to …… of …… County …… of …… part …… the second […]
§46-19. Definitions.
As used in this act: 1. “Buyer” means a person who purchases property through financing, in whole or in part, by a loan secured by the property; 2. “Mortgagee” means a person who provides financing, in whole or in part, to a buyer for the purchase of property and the financing is secured by the […]
§46-4. Further agreements – Foreclosure – Waiver of appraisement – Assignment of rents and profits as additional security.
A. Every instrument in substantial compliance with the form provided for in Section 3 of this title shall be deemed a good and valid mortgage, with all contracts and covenants essential to protect the rights of the holder thereof; but any further lawful contract embodied therein shall be binding upon the parties thereto; and when […]
§46-20. Issuance of title protection document – Notice – Waiver.
A. If a title protection document will be issued to the mortgagee, the mortgagee shall give to the buyer at the time of loan application written notice containing the following: 1. Whether the title protection document will provide protection to the buyer; and 2. That the buyer should seek independent, competent advice as to whether […]