Every deed conveying real estate, which, by any other instrument in writing, shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage. The person for whose benefit such deed shall be made shall not derive any advantage from the recording thereof, unless every writing operating as a defeasance, or explaining its effect as a mortgage, or conditional deed, is also recorded therewith and at the same time.
Neb. Rev. Stat. § 76-251
Deed intended as mortgage; recording; effect
Applied in 4 court decisions — leading case MacKiewicz v. JJ & ASSOCIATES (1994)
Most recently applied in Humphrey v. Smith (May 2022)
R.S.1866, c. 43, § 29, p. 286; R.S.1913, § 6223; C.S.1922, § 5622; C.S.1929, § 76-228; R.S.1943, § 76-251.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.