Summary of Nebraska's Foreclosure Laws

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If you are facing foreclosure in Nebraska, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Nebraska
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Nebraska foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Time to respond

Foreclosing party must record a notice of default at least 30 days before issuing a notice of sale. Notice of default must be sent to the borrower within 10 days after recordation. Notice of sale must be sent to the borrower 20 days prior to sale. Notice of sale must be published once a week for five consecutive weeks; the last publication must be made at least ten days but not more than 30 days prior to the sale.

Reinstatement of loan before sale

Homeowner may reinstate by paying amount due within one month after recordation of notice of default.

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

None

Deficiency judgments

May be obtained by filing separate lawsuit within three months after foreclosure sale. Judgment cannot exceed the difference between the indebtedness and the property’s fair market value or the difference between the indebtedness and the sale price, whichever is less.

Cash exempted in bankruptcy

$2,500 for one person, $5,000 for a married couple

Notice to leave after house is sold

New owner may begin an eviction action after the foreclosure sale.

Foreclosure statutes

Neb. Rev. Stat. §§ 76-1005 through 76-1018

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