What is necessary for a mortgage on real estate to be considered valid?

For a mortgage on real estate to be considered valid, it must be in writing. This requirement stems from the Statute of Frauds, which mandates that certain contracts, including those related to real estate, must be documented in writing to be enforceable. A written mortgage provides clarity regarding the terms of the loan, the obligations of both parties, and the property being used as collateral.

While recording the mortgage with the relevant government authority, having it signed by the grantee, and notarization can enhance the enforceability and public notice of the mortgage, these actions are not fundamental to the validity of the mortgage itself. A mortgage can be legally binding as soon as it is in writing and signed by the mortgagor (the borrower) regardless of whether it has been recorded or notarized. Thus, the requirement for the mortgage to be in writing is essential for its validity.