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When you develop a definite plan of action with well-timed, well-informed steps, you can stop the foreclosure process and save
your home. We have outlined the foreclosure process for the state of Nebraska.
The Process
Foreclosures in Nebraska take place judicially, through the filing of petitions for foreclosure in the Nebraska District Court for the
county where the property is located. If a prior lawsuit has been won by the lender for the amount due on a loan, it does not stop a
lender from filing a subsequent lawsuit seeking a foreclosure sale of mortgaged premises. However, before the court will hear a
petition for foreclosure, the lender must prove it has been unable to collect what was judged to be owed in the prior lawsuit. If a suit
has been brought for satisfaction of a mortgage rather than a true petition for foreclosure, the lender can only seek the amount due
and possession of the property rather than true foreclosure. Whenever a petition for foreclosure is filed either alone or in
conjunction with a petition for satisfaction of a mortgage, then the court can decree a sale of the mortgaged premises or such part
as is needed to pay off the loan and the costs of suit.
While the lawsuit is pending, the borrower has the right to bring in the past due payments, including principal and interest, and
costs, and the lawsuit proceedings will be suspended (stayed). Nevertheless, the court will enter a decree of foreclosure and sale.
This will not be enforced unless there is a further order of the court, which will not be given unless the borrower defaults in the
future payment of any installment or a portion of one.
The court may order the entire property to be sold, or some part of it, based on a report by the sheriff as to what appears to be the
most feasible. The order of sale may be stayed up to nine months after the judgment if the borrower files a written request for a
delay (stay) with the clerk of the court within 20 days after the judgment is rendered. Otherwise, the order commanding the sale of
the mortgaged property will be given 20 days after the judgment.
The sheriff or officer holding the sale must give public notice of the time and place of the sale by posting the notice on the
courthouse door and at five other public locations in the county where the property is located. Two of the five locations must be in
the precinct where the property is located. In addition, the sheriff must advertise the property for sale once a week for four weeks in
a newspaper either printed in the county or generally circulated in the county. After making the sale, the sheriff or officer will report
it back to the court, which will then confirm the sale. Once the sale is confirmed, the borrower has no right to redeem the property.
A deed shall be executed by the sheriff and it will vest in the purchaser the same title the borrower had. The sales proceeds will be
applied to discharge the lender's debt, and if there is a surplus, it goes to other persons who are entitled to it, or it must stay with
the court for three months before it can be paid to the borrower.
Deficiency
A deficiency is only possible as a continuation of a foreclosure suit, but not while the foreclosure action is pending or remains
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House Payment Rescue 5458 Longley Lane Suite A,
Reno, NV 89511
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Office Phone: 775-824-9002 Cell Phone: Fax: 775-824-9015 |
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Copyright ©
2007 House Payment Rescue |
All rate, payment, and area information are estimates and approximations
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