Quick Facts
– Judicial Foreclosure Available: Yes
– Non-Judicial Foreclosure Available: No
– Primary Security Instruments: Mortgage
– Timeline: Typically 180 days
– Right of Redemption: Yes
– Deficiency Judgments Allowed: No
In Nebraska, lenders may foreclose on a mortgage in default by using the judicial foreclosure process.
Judicial Foreclosure
Generally, in a judicial foreclosure, a court decrees the amount of the borrower’s debt and gives them a short time to pay. If the borrower fails to pay within that time, the court clerk then advertises the property for sale.
In Nebraska, the court may order the entire property to be sold or just some part. The order of sale may be delayed for up to nine (9) months after the judgment if the borrower files a written request for a delay with the clerk of the court within twenty (20) days after the decision is rendered. Otherwise, the order commanding the sale of the mortgaged property will be given twenty (20) days after the judgment.
Borrower Has Right To Cure Default
The borrower has the right to cure the default at any time while the suit is still pending by paying the delinquent amount owed on the mortgage, as well as any interest and costs that have accrued. However, the court may still enter a decree of foreclosure and sale, which may be enforced if the buyer defaults on the mortgage again in the future.
Public Notice Must Be Given
The sheriff must give public notice of the time and place of the sale by:
Posting the notice on the courthouse door; 2) posting the notice in at least five other public places in the county where the property is located; 3) by advertising the property for sale once a week for four weeks in a newspaper published in the county where the property is located.
No Right of Redemption Post Sale
The court must confirm the sale after it takes place, and once this occurs, the borrower has no right to redemption.
