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Nebraska Foreclosure Statute Laws

Judicial is available, and non-judicial foreclosure is not available in Nebraska.  The Primary service instrument is mortgage. The timeline for foreclosure in Nebraska varies by process, but typically last 180 days. Right of Redemption is allowed, and deficiency judgments are not allowed.
In Nebraska, lenders may foreclose on a mortgage in default by using the judicial foreclosure process.

  • Judicial Foreclosure: 
    • In Nebraska, the court may order the entire property to be sold, or just some part of it.
    • 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 judgment is rendered.
    • Otherwise, the order commanding the sale of the mortgaged property will be given twenty (20) days after the judgment.
    • 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 goes into default on the mortgage again in the future.
    • The sheriff must give public notice of the time and place of the sale by:
    • posting the notice on the courthouse door;
    • posting the notice in at least five other public places in the county where the property is located; and
    • by advertising the property for sale once a week for a period of four (4) weeks in a newspaper published in the county where the property is located.
    • The court must confirm the sale after it takes place and
    • Once this is occurs, the borrower has no right of redemption.


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