Chapter 08 - Real Estate Mortgages

Chapter 08 - Real Estate Mortgages

§ 44-8-1 Creation, renewal, or extension of mortgage of real property--Formalities required.
§ 44-8-1.1 Real property interests subject to mortgage.
§ 44-8-1.2 After-acquired title of real property mortgagor.
§ 44-8-1.3 Mortgagor not bound to personal performance.
§ 44-8-1.4 Mortgage assigned with debt.
§ 44-8-1.5 Security of mortgage protected against mortgagor's act.
§ 44-8-2 Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording.
§ 44-8-3 Standard form of real estate mortgage.
§ 44-8-4 Assignment of real estate mortgage--Standard form.
§ 44-8-5 Satisfaction of real estate mortgage--Standard form.
§ 44-8-6 Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required.
§ 44-8-7 Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages.
§ 44-8-8 Validation of recorded real estate mortgages containing prohibited provisions--Notice to subsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers or encumbrancers prior to July 1, 1949--Rights barred by no action.
§ 44-8-9 Mortgage of real property--Acknowledgment or proof--Certification and recording.
§ 44-8-10 Record of mortgage--Notice to subsequent purchasers and encumbrancers.
§ 44-8-11 Instrument intended as mortgage of real property--Recording as mortgage necessary.
§ 44-8-12 Defeasance, to effect grant absolute on its face, must be recorded.
§ 44-8-13 Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.
§ 44-8-14 Discharge of recorded mortgage--Certificate of release, contents, recording, fee.
§ 44-8-15 Mortgages affecting real property--Defective assignments or discharges recorded prior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action.
§ 44-8-16 Prior or superior mortgage affecting real property--Failure of mortgagor or successor in interest to pay installment due--Payment by holder of inferior mortgage--Added to amount due on mortgage.
§ 44-8-17 Real property sold on execution or on mortgage foreclosure--Renewal of insurance by purchaser--Payments of taxes or assessments by purchaser--Addition to cost of redemption from sale.
§ 44-8-18 Past due installments of interest and principal on superior mortgage affecting real property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments paid by purchaser at sale on execution or mortgage foreclosure--Payment by purchaser prior to redemption--Proof by verified written notice, recording, service, effect.
§ 44-8-19 Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity.
§ 44-8-20 Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.
§ 44-8-21 Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.
§ 44-8-22 Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage.
§ 44-8-23 Executory contract remedies unaffected by deficiency judgment provisions.
§ 44-8-24 Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities.
§ 44-8-25 Deficiency judgment provisions not applicable to outside lenders.
§ 44-8-26 Collateral real estate mortgages.
§ 44-8-27 Due-on-sale clause defined.
§ 44-8-28 Inclusion of due-on-sale clause in mortgage required for enforcement.
§ 44-8-29 Definition of terms.
§ 44-8-30 Certificate of release--Conditions.
§ 44-8-31 Requirements of certificate of release.
§ 44-8-32 Execution and acknowledgment of certificate of release--Appointment of agent.
§ 44-8-33 Certificate of release prima facie evidence--Recording.
§ 44-8-34 Recording certificate of release in multiple counties.
§ 44-8-35 Application of certificate of release only to certain mortgages.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.

Bookish