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 South Carolina, 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 South Carolina are similar to those outlined in the description: the names of the mortgagor (borrower) and mortgagee (lender), words of grant or conveyance, a sufficient property description, the mortgagor’s signature, and an acknowledgment by a notary public. The acknowledgment serves to confirm the identity of the signatory and that the signing was done willingly and without coercion. Additionally, for a mortgage deed to be effective in South Carolina, there must be a delivery which indicates the grantor's intent to convey the title and the grantee's acceptance of the deed. The specific legal requirements for a valid mortgage deed in South Carolina can be found in the state's statutes, and compliance with these requirements is necessary for the mortgage deed to be enforceable.