(1) Except as otherwise provided in sections 76-3413 to 76-3415, all deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the time of delivering such instruments to the register of deeds for recording, and not before, as to all creditors and subsequent purchasers in good faith without notice. All such instruments are void as to all creditors and subsequent purchasers without notice whose deeds, mortgages, or other instruments are recorded prior to such instruments. However, such instruments are valid between the parties to the instrument. The transfer of any debt secured by a mortgage shall also operate as a transfer of the security of such debt.
(2) For purposes of this section, possession of agricultural real estate or residential real estate by a party related to the owner of record of the real estate within the third degree of consanguinity or affinity shall not serve as notice to a creditor or subsequent purchaser in any case in which such party is claiming rights in such real estate pursuant to a lease (a) entered into on or after July 16, 2004; (b) purporting to extend beyond a term of one year; and (c) which has not satisfied the requirements of section 76-211, unless the creditor or subsequent purchaser, in advance of recording a deed, mortgage, or other instrument, has received a written copy of such lease.
(3) For purposes of this section:
(a) Agricultural products includes grain and feed crops; forages and sod crops; and animal production, including breeding, feeding, or grazing of cattle, horses, swine, sheep, goats, bees, or poultry;
(b) Agricultural real estate means land which is primarily used for the production of agricultural products, including waste land lying in or adjacent to and in common ownership with land used for the production of agricultural products;
(c) Related within the third degree of consanguinity or affinity includes parents, grandparents, great-grandparents, children, grandchildren, great-grandchildren, brothers, sisters, uncles, aunts, nephews, nieces, and spouses of the same and any partnership, limited liability company, or corporation in which all of the partners, members, or shareholders are related within the third degree of consanguinity or affinity; and
(d) Residential real estate means real estate containing not more than four units designed for use for residential purposes. A condominium unit that is otherwise residential real estate remains so even though the condominium development contains more than four dwelling units or units for nonresidential purposes.
Notes of Decisions
Klein v. Oakland/Red Oak Holdings, 883 N.W.2d 699 (Neb. 2016).
· cites it 7× “Section 76-238(1) provides: Except as otherwise provided in sections 76-3413 to 76-3415, all deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the…”
Wintroub v. Nationstar Mortg. LLC, 303 Neb. 15 (Neb. 2019).
· cites it 2× “This notice, Wintroub argued, would negate the original bank's status as a "good faith purchaser" under Nebraska's race-notice statute, see Neb. Rev. Stat. § 76-238 (Reissue 2018). In support of this argument, Wintroub submitted an affidavit that affirmed that he and his wife…”
Caruso v. Parkos, 637 N.W.2d 351 (Neb. 2002).
· cites it 2× “James argues that he is a subsequent purchaser in good faith without notice entitled to the protection of Neb. Rev. Stat. § 76-238 (Reissue 1996), which provides: All deeds, mortgages and other instruments of writing which are required to be or which under the laws of this state…”
Chambers v. Bringenberg, 309 Neb. 888 (Neb. 2021).
· cites it 5× “Section 76-238 gives protection to the grantee of an inter vivos deed by recording the deed with the register of deeds.”
Wintroub v. Nationstar Mortg., 303 Neb. 15 (Neb. 2019).
· cites it 2× “Nationstar disagreed and argued that this inspection requirement applies only to a landlord-tenant situation, not a purchase-money mortgage transaction such as this one.”
In re Anthony, 481 B.R. 602 (D. Neb. 2012).
· cites it 4× “The statute at issue, Neb.Rev.Stat. § 76-238, was enacted in 1866.”
PSK v. Legacy Outdoor Advert., 318 Neb. 1 (Neb. 2024).
· cites it 5× “1 See Neb. Rev. Stat. § 76-238 (Reissue 2018). - 11 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports PSK V.”
K & K Farming, Inc. v. Fed. Intermediate Credit Bank, 468 N.W.2d 99 (Neb. 1991).
· cites it 2× “Neb. Rev. Stat. § 76-238 (Reissue 1990) provides, in pertinent part: All deeds, mortgages and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the time of delivering the…”
Schaneman v. Wright, 470 N.W.2d 566 (Neb. 1991).
· cites it 2× “to all creditors and subsequent purchasers in good faith without notice; and all such deeds, mortgages and other instruments shall be adjudged void as to all such creditors and subsequent purchasers without notice whose deeds, mortgages or other instruments shall be first…”
Borrenpohl v. DaBeers Props., LLC, 755 N.W.2d 39 (Neb. 2008).
· cites it 2× “" Similarly, Neb.Rev.Stat. § 76-238(1) (Cum.Supp.2006) provides that "[a]ll deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the time of delivering…”
— Neb. Rev. Stat. § 76-238(1) — 5 cases
Klein v. Oakland/Red Oak Holdings, 883 N.W.2d 699 (Neb. 2016).
“Section 76-238(1) provides: Except as otherwise provided in sections 76-3413 to 76-3415, all deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the…”
Borrenpohl v. DaBeers Props., LLC, 755 N.W.2d 39 (Neb. 2008).
“" Similarly, Neb.Rev.Stat. § 76-238(1) (Cum.Supp.2006) provides that "[a]ll deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the time of delivering…”
PSK v. Legacy Outdoor Advert., 318 Neb. 1 (Neb. 2024).
“1 See Neb. Rev. Stat. § 76-238 (Reissue 2018). - 11 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports PSK V.”
In re Anthony, 481 B.R. 602 (D. Neb. 2012).
“The statute at issue, Neb.Rev.Stat. § 76-238, was enacted in 1866.”
— Neb. Rev. Stat. § 76-238(3)(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.