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In Nebraska, lenders may
foreclose on a mortgage in default by using the judicial foreclosure process.
Judicial Foreclosure
Generally, in judicial foreclosure, a court decrees the amount of the
borrowers debt and gives him or her a short time to pay. If the borrower
fails to pay within that time, the clerk of the court then advertises the
property for sale.
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: 1) posting the notice on the courthouse door; 2) posting the notice
in at least five other public places in the county where the property is
located; and 3) 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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