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Nebraska Foreclosure Laws

Judicial Yes
Non-Judicial No
Process Period 142 Days
Sale Publication NA
Redemption Period None
Sale / NTS Sheriff

Judicial Foreclosures: In court proceedings usually occur with mortgages where out of court foreclosures are for deeds of trust. State law does not require a lender to send a default notice to the borrower, but a mortgage or deed of trust may state that the borrower needs to be notified. A court foreclosure can take six months or longer to complete. All mortgages must be foreclosed through this process. Once the lender had filed the appropriate documents the borrower has 30 days to respond. If there is not response from the borrower the court issues a foreclosure ruling, and a 20-day redemption period begins. The borrower can stop the process by paying off the amount.

Non-Judicial Foreclosures: In an out of court preceding the foreclosure is usually completed in four months. Once a notice of default is filed and delivered to the borrower there is a 30-day reinstatement period occurs where the borrower can stop the foreclosure process by paying the amount due. After this period a sale date is set.

Sale: In an out of court foreclosure the notice of sale must be published in the local newspaper once per week for four weeks. A sheriff or the trustee conducts the sale, and the property is sold to the highest bidder.

In an in court preceding a notice of sale must be published in the local paper once per week for five weeks. The final notice needs to be published 10- 30 days before the sale date. The property is sold to the highest bidder. Usually 2-3 weeks following the sale there is a hearing to confirm the sale. This is the final opportunity for the borrower to redeem their property.

Additional Information on Nebraska Foreclosure