What are the two main requirements for a mortgage to be valid?

A valid mortgage typically requires specific formalities to ensure its enforceability and to protect the rights of the parties involved. The correct answer highlights that for a mortgage to be valid, it must be sealed and recorded.

In the context of Delaware law, the requirement for a mortgage to be sealed is significant because it adds a level of formality to the document, indicating that the parties have given it serious consideration and intent to create a binding obligation.

Recording the mortgage serves a crucial purpose as well. By filing the mortgage with the appropriate public office, such as the county recorder, it not only puts third parties on notice about the mortgage but also establishes priority over future claims against the property. Recording is essential for protecting the lender's interests.

In Delaware, while notarization and witnessing could be necessary for other documents, the combination of sealing and recording effectively meets the legal requirements for a mortgage, ensuring that both the intent and the legal rights involved are properly documented and enforceable.