Nebraska Revised Statutes
Neb. Rev. Stat. § 76-241 (2026)
Deeds and other instruments; when not lawfully recorded
✓ current as of July 2026
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All deeds, mortgages and other instruments of writing shall not be deemed lawfully recorded unless they have been previously acknowledged or proved in the manner prescribed by statute.
Notes of Decisions
Cited in 2
cases, 1987–2010 · leading case: Dep't of Banking & Fin. v. Davis, 416 N.W.2d 566 (Neb. 1987).
Dep't of Banking & Fin. v. Davis, 416 N.W.2d 566 (Neb. 1987). “Section 76-241 provides: “All deeds, mortgages and other instruments of writing shall not be deemed lawfully recorded unless they have been previously acknowledged or proved in the manner prescribed by statute.”
BowlNebraska, L.L.C. v. Omaha State Bank (8th Cir. BAP 2010). “7 In interpreting Nebraska law, the Eighth Circuit has held that a mortgage which did not contain an acknowledgment of the mortgagor’s execution and appearance was “fatally defective.”8 Moreover, “[t]he filing and recording of a mortgage is not constructive notice to a trustee…”
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