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CHAPTER 44-8

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.


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