Neb. Rev. Stat. » Chapter 76
Nebraska Revised Statutes

Neb. Rev. Stat. § 76-218 (2026)

Acknowledgment and recording of instruments; violations; penalty

✓ current as of July 2026
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Every officer within this state authorized to take the acknowledgment or proof of any conveyance, and every county clerk, who shall be guilty of knowingly stating an untruth, or guilty of any malfeasance or fraudulent practice in the execution of the duties prescribed for them by law, in relation to the taking or the certifying of the proof or acknowledgment, or the recording or certifying of any record of any such conveyance, mortgage or instrument in writing, or in relation to the canceling of any mortgage, shall upon conviction be adjudged guilty of a misdemeanor, and be subject to punishment by fine not exceeding five hundred dollars, and imprisonment not exceeding one year, and shall also be liable in damages to the party injured.

Notes of Decisions
Cited in 7 cases, 1941–2003 · leading case: Lincoln Jt. Stock Land Bank v. Barnes, 8 N.W.2d 545 (Neb. 1943).
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Lincoln Jt. Stock Land Bank v. Barnes, 8 N.W.2d 545 (Neb. 1943). · cites it 4× “” The exact situation herein, where the mortgagor executed á deed prior to the mortgage but which deed was not recorded until after the mortgage, has never been passed upon by this court, and the question is, can the grantee and his successors in title be made parties for the…”
Clements v. Doak, 299 N.W. 505 (Neb. 1941). · cites it 2× “Section 76-218, Comp. St. 1929, grants immunity to “creditors and subsequent purchasers without notice whose deeds, mortgages and other instruments shall be first recorded.”
Hadley v. Platte Valley Cattle Co., 10 N.W.2d 249 (Neb. 1943). · cites it 4× “It is a new section amendatory of section 76-218, Comp. St. 1929, and did not become effective until April 28, 1941.”
Sec. Credit Corp. v. Pindell, 44 N.W.2d 501 (Neb. 1950). · cites it 2× “The defendant was not guilty of malfeasance in office as provided for in section 76-218, R. R. S. 1943, and we deem discussion of this finding by the trial court unnecessary in the light of our conclusion.”
State ex rel. Couns. for Discipline v. Mills, 671 N.W.2d 765 (Neb. 2003). · cites it 4× “It was further alleged that Mills’ conduct violated Neb. Rev. Stat. § 76-218 (Reissue 1996) (violation of notary’s duty).”
State Ex Rel. Nebraska State Bar Ass'n v. Butterfield, 98 N.W.2d 714 (Neb. 1959). · cites it 2× “” We turn then to section 76-218, R. R. S. 1943, which provides in part: “Every officer within this state authorized to take the acknowledgment or proof of any conveyance, * * * who shall be guilty of knowingly stating an untruth, * * * in relation to the taking or the…”
State Ex Rel. Couns. for Disc. v. Mills, 671 N.W.2d 765 (Neb. 2003). · cites it 4× “It was further alleged that Mills' conduct violated Neb.Rev.Stat. § 76-218 (Reissue 1996) (violation of notary's duty).”
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