Nebraska

For homeowners facing foreclosure in Nebraska, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Nebraska can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Nebraska can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Nebraska law requires the two notices:

  • To start a nonjudicial foreclosure, the trustee records a notice of default in the county recorder’s office, which gives the homeowner one month to cure the default, or two months if the property is agricultural.
  • After one month, the trustee publishes a notice of sale in a local newspaper for five consecutive weeks.

Both notifications must be sent to anyone who previously filed a request for notice in the county records, including the trustor. Also, a deed of trust must contain a request for notices provision, under which a separate request for notice is filed in the county records.

The notice of default must be sent to the trustor within ten days of recording it, and the notice of sale must be sent at least 20 days before the foreclosure sale.

Nebraska Foreclosure Protections

Nebraska law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In Nebraska, homeowners can reinstate within one month, or two months, if the land is agricultural after the notice of default is recorded by the trustee.

Under Nebraska law, foreclosed homeowners cannot redeem the home after a nonjudicial foreclosure.

Deficiency Law

In Nebraska, the bank may request a deficiency judgment by filing a lawsuit within three months of the foreclosure sale. The amount of the deficiency judgment is limited to:

  • The total debt minus the foreclosure sale price
  • The total debt minus the fair market value of the home at the foreclosure sale date.

Eviction Notice

If the foreclosed homeowner doesn’t leave the property after the foreclosure sale, the new homeowner request an eviction order in court. For information regarding how to avoid foreclosure in Nebraska, visit HUD.gov.

Nebraska

For homeowners facing foreclosure in Nebraska, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Nebraska can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Nebraska can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Nebraska law requires the two notices:

  • To start a nonjudicial foreclosure, the trustee records a notice of default in the county recorder’s office, which gives the homeowner one month to cure the default, or two months if the property is agricultural.
  • After one month, the trustee publishes a notice of sale in a local newspaper for five consecutive weeks.

Both notifications must be sent to anyone who previously filed a request for notice in the county records, including the trustor. Also, a deed of trust must contain a request for notices provision, under which a separate request for notice is filed in the county records.

The notice of default must be sent to the trustor within ten days of recording it, and the notice of sale must be sent at least 20 days before the foreclosure sale.

Nebraska Foreclosure Protections

Nebraska law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In Nebraska, homeowners can reinstate within one month, or two months, if the land is agricultural after the notice of default is recorded by the trustee.

Under Nebraska law, foreclosed homeowners cannot redeem the home after a nonjudicial foreclosure.

Deficiency Law

In Nebraska, the bank may request a deficiency judgment by filing a lawsuit within three months of the foreclosure sale. The amount of the deficiency judgment is limited to:

  • The total debt minus the foreclosure sale price
  • The total debt minus the fair market value of the home at the foreclosure sale date.

Eviction Notice

If the foreclosed homeowner doesn’t leave the property after the foreclosure sale, the new homeowner request an eviction order in court. For information regarding how to avoid foreclosure in Nebraska, visit HUD.gov.

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