A mortgage deed is the document that creates a mortgage and grants an ownership interest (lien) to the lender (often a bank) until the loan is paid in full. A mortgage deed usually must include:

• the name of the mortgagor (the borrower);

• words of grant or conveyance in which the mortgagor (borrower) grants or conveys real property to the lender or mortgagee;

• the name of the mortgagee;

• a property description sufficient to identify the mortgaged real property;

• the mortgagor’s signature; and

• an acknowledgment in which a notary public signs and officially stamps the mortgage deed to verify the identity of the person signing the deed and for the mortgagor to declare or acknowledge to the notary that the mortgagor signed the deed willingly and voluntarily and was not coerced into signing it.

And in some states a deed must be delivered to be effective. Delivery of a deed generally includes:

• the grantor’s (mortgagor or borrower) intent to convey title to the property to the grantee (mortgagee or lender)—not just the physical handing over of the deed; and

• the grantee’s (mortgagee or lender) acceptance of the deed as an immediate conveyance of the title to the real property.

Laws vary from state to state and the legal requirements for a valid mortgage deed may be located in a state's court opinions (common law or case law) or in its statutes.

In New Hampshire, a mortgage deed is a legal document that secures the loan provided by the lender (often a bank) by creating a lien on the property until the loan is repaid in full. The essential elements that must be included in a mortgage deed in New Hampshire are similar to those outlined in the description: the borrower's name, words of grant, the lender's name, a sufficient property description, the borrower's signature, and notarization. The notary public's acknowledgment is crucial to verify the identity of the signatory and to confirm that the signing was done willingly and without coercion. Additionally, for a mortgage deed to be effective in New Hampshire, there must be a clear intent by the borrower to convey the property title to the lender, and the lender must accept the deed as an immediate conveyance of the property title. These requirements ensure the legal validity of the mortgage deed. New Hampshire's specific statutes and case law provide the detailed legal framework for these transactions, and it is advisable to consult with an attorney for guidance on the current regulations and to ensure all legal formalities are correctly observed.