Nebraska Laws

Nebraska foreclosures may only be pursued through judicial means. In the event of a default, the lender must file a complaint against the defaulted homeowner with the county court. The court then holds a hearing to determine whether or not to allow a foreclosure. If the court finds that a default has in fact occurred, they will set a specific amount for the homeowner to pay within a short period of time. If the homeowner does not pay, the court will schedule and conduct a foreclosure sale of the homeowner's property in order to retrieve the amount lost by the lender on the mortgage loan. The homeowner can avoid a foreclosure sale and retain possession of their property by paying off the default amount owed and any additional interest gathered.

In order to advertise the sale, the Sheriff must issue and publish a Notice of Sale in five public places including the county courthouse door. Te Notice must then run in a local weekly newspaper for the four weeks leading up to the sale date in a local newspaper. The homeowner appeal to the court to have the sale delayed for up to nine months as well, but this request must be registered within 20 days of the initial ruling being handed down.

On the day of the foreclosure sale, the Sheriff auctions off the homeowner's property to the highest bidder. Once a winning bidder has provided payment and received a Certificate of Sale, the sales validity is subject to a court confirmation. If no one objects to the sale, the court will confirm and award the property to the winning bidder. The original homeowner is not entitled to rights of redemption in Nebraska once a sale is confirmed.

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