Summary of Nebraska's Foreclosure Laws

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
Common type of foreclosure process	Nonjudicial
Time to respond	After court issues foreclosure judgment, foreclosing party must post a notice of sale on the courthouse door and in five other public places and publish notice weekly for four weeks.
Reinstatement of loan before sale	Available while foreclosure lawsuit is proceeding and after the court issues a decree of sale but before sale. If mortgage is reinstated after decree of sale, the court will enter a judgment of foreclosure and sale but stay the effect of the judgment as long as homeowner stays current on payments.
Redemption after sale	No
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 after a court issues a foreclosure judgment. Within three months after foreclosure sale, can bring an action seeking a deficiency judgment on the note (which reopens the foreclosure and sale). Judgment is limited by property’s fair market value.
Cash exempted in bankruptcy	$2,500 for one person, $5,000 for a married couple
Notice to leave after house is sold	In foreclosure judgment, court may order former owner to leave.
Foreclosure statutes	Neb. Rev. Stat. §§ 76-1005, 76-1018