Nebraska § 76-253 - Mortgage; record; certificate of discharge or satisfaction.
Full text of Nebraska Revised Statutes of Nebraska § 76-253 — Mortgage; record; certificate of discharge or satisfaction., with citation guidance and answers to common questions.
§ 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.
A mortgagee who releases a mortgage, as to all lands therein described, to a grantee of the mortgagor without the latter's consent, cannot hold such mortgagor personally liable for the debt secured when the actual value of the lands so released exceeds or equals the indebtedness secured by such mortgage. Petters v. Storm, 132 Neb. 542, 272 N.W. 409 (1937).
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).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 76-253
What does Revised Statutes of Nebraska § 76-253 cover?
Section 76-253 ("Mortgage; record; certificate of discharge or satisfaction.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 76-253?
A common citation format is "Revised Statutes of Nebraska § 76-253" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 76-253 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.