There is a newer version of the Nebraska Revised Statutes
2009 Nebraska Code
Chapter 76 REAL PROPERTY
76-253 Mortgage; record; certificate of discharge or satisfaction.
76-253.
Mortgage; record; certificate of discharge or satisfaction.Any mortgage shall be discharged upon the record thereof by the register of deeds in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his legal personal representative or assignee, acknowledged or proved or certified as prescribed in sections 76-216 to 76-236, specifying that such mortgage has been paid, or otherwise satisfied and discharged.
Source-
R.S.1866, c. 43, § 32, p. 287;
Laws 1887, c. 30, § 22, p. 371;
R.S.1913, § 6225;
C.S.1922, § 5624;
C.S.1929, § 76-230;
R.S.1943, § 76-253;
Laws 1963, c. 430, § 1, p. 1446.
Cross References
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Recording fees, see section 33-109.
Failure to release mortgage of record may subject the mortgagee to penalties but has no effect to keep mortgage in existence when debt has been paid. Shriver v. Sims, 127 Neb. 374, 255 N.W. 60 (1934).
Lien is extinguished by formal release whether paid or not. Gadsden v. Johnson, 65 Neb. 447, 91 N.W. 285 (1902).
Release, acknowledging full payment, but describing only part of land, is a complete release. Gadsden v. Latey, 42 Neb. 128, 60 N.W. 322 (1894).
Release by mortgagee after assignment is effective as to bona fide purchaser without notice. Whipple v. Fowler, 41 Neb. 675, 60 N.W. 15 (1894); Montgomery v. Waite, 1 Neb. Unof. 144, 95 N.W. 343 (1901).
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