State Foreclosure Law

Nebraska Foreclosure Laws

Nebraska has BOTH judicial and non-judicial foreclosure tracks. Non-judicial foreclosure is available under the Nebraska Trust Deeds Act (Neb. Rev. Stat. § 76-1001 to § 76-1018) for deeds of trust with a power of sale.

Process

Non-Judicial

Out of court, under a power of sale §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

$120,000

Automatic · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

41 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Nebraska foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Nebraska-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Nebraska foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Nebraska
10 National foreclosure guides
11 Nebraska distress data

Governing Statutes

Citation	Title	Covers
Neb. Rev. Stat. § 76-1001 to § 76-1018	Nebraska Trust Deeds Act — Non-Judicial Foreclosure	Primary framework for non-judicial foreclosure of deeds of trust in Nebraska. Establishes requirements for Notice of Default, Notice of Sale, trustee's sale procedures, deficiency judgment limitations (FMV credit), and deed conveyance. Enacted 1965 and amended multiple times. A trustee's deed conveys the property without right of redemption (§ 76-1010).
Neb. Rev. Stat. § 76-1006	Notice of Default — Non-Judicial Foreclosure	Requires the trustee to file a Notice of Default (NOD) with the county register of deeds and mail it to the borrower. The trustee must wait at least one month (two months for qualifying farm property) before giving the Notice of Sale, and the borrower can cure the default within that period (§ 76-1012).
Neb. Rev. Stat. § 76-1007; § 76-1008	Notice of Sale — Non-Judicial Foreclosure	Governs the Notice of Sale requirements for non-judicial foreclosure. The notice must be published once a week for 5 consecutive weeks in a newspaper of general circulation in the county, with the last publication at least 10 but not more than 30 days before the sale, and mailed to the borrower at least 20 days before the sale.
Neb. Rev. Stat. § 76-1013	Deficiency Judgment After Non-Judicial Sale	Governs deficiency judgments after non-judicial foreclosure. The lender must file for deficiency within 3 months after sale. The court must determine the fair market value and credit the borrower with the higher of the sale price or the fair market value. Deficiency limited to debt minus FMV.
Neb. Rev. Stat. § 25-2137 et seq.	Judicial Foreclosure of Mortgages	Framework for judicial foreclosure of mortgages and deeds of trust through district court. Standard civil action: complaint, service, answer, judgment, court-ordered sale.
Neb. Rev. Stat. § 40-101 et seq.	Homestead Exemption	Establishes a $120,000 homestead exemption for Nebraska residents. Protects equity in the homeowner's primary residence from judgment creditors. Does NOT protect against mortgage or deed of trust foreclosure.

Nebraska Foreclosure Process and Your Rights

Nebraska uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: Within one month after the Notice of Default is filed for record with the register of deeds, or two months for property used in farming operations outside any incorporated city or village. You can cure the default by paying the entire amount then due (not counting principal that would not be due had no default occurred), plus costs and trustee's fees actually incurred, within this period. §
After the sale: In a judicial foreclosure, the owner can redeem at any time before confirmation of the sale by the court; after a trustee's sale (the non-judicial route), there is no right of redemption. The trustee's deed conveys the property to the buyer without right of redemption (Neb. Rev. Stat. § 76-1010); in a judicial foreclosure, redemption is available until the court confirms the sale (Neb. Rev. Stat. § 25-1530). §
Homestead exemption: $120,000. Protects a homestead of up to $120,000 in value (the house you live in and its land: up to 160 acres outside a city or village, or up to two lots inside one) from judgment liens and forced sale. Does NOT stop mortgage or deed of trust foreclosure. §
Mediation: Nebraska does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Nebraska foreclosure guide →

Special Foreclosure Types in Nebraska

Beyond the standard non-judicial foreclosure process, Nebraska law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

Under the Nebraska Condominium Act, a condominium association has a lien on a unit for an assessment once it is due and a notice of the lien amount is recorded, and it may foreclose that lien in like manner as a mortgage, after giving reasonable notice to affected lienholders (Neb. Rev. Stat. § 76-874). §

The lien is extinguished unless proceedings to enforce it start within three years after the full assessment becomes due, and it is not subject to the homestead exemption.

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in Nebraska. §

Counties sell tax certificates for delinquent taxes.

Lien Priority in Nebraska

Generally first in time, first in right under Nebraska recording statutes. Nebraska is a race-notice state.

HOA/COA liens generally do not have super-lien priority over first mortgages in Nebraska. Consult a local attorney for specific lien priority questions.

Statute of Limitations in Nebraska

Mortgage Foreclosure

Varies §

A trustee's sale must be made within the 5-year period that Neb. Rev. Stat. § 25-205 sets for an action on the obligation the trust deed secures. If the lender instead forecloses in court as for a mortgage, the 10-year statute of limitations for foreclosure of mortgages applies (Neb. Rev. Stat. §§ 76-1015, 25-202). Consult a local attorney.

Written Contracts

5 years §

Promissory Note

6 years §

Deficiency Judgment

Varies §

For non-judicial foreclosure: deficiency must be filed within 3 months of the trustee's sale (Neb. Rev. Stat. § 76-1013). This is a SHORT deadline that protects borrowers — if the lender does not file within 3 months, the right to a deficiency is lost.

Probate & Inheritance in Nebraska

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Nebraska law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the personal representative or estate of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Nebraska

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Nebraska.

UDAP Statute

Nebraska Consumer Protection Act / Uniform Deceptive Trade Practices Act §

Prohibits deceptive trade practices.

Foreclosure Rescue Fraud Laws

No specific foreclosure rescue fraud statute.

General consumer protection under Neb. Rev. Stat. § 59-1601 et seq. covers deceptive foreclosure rescue practices. Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Nebraska Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Nebraska-specific lead generation statute for foreclosure defense identified beyond professional conduct rules and general consumer protection.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Nebraska professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Nebraska

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Legal Aid of Nebraska

Free civil legal services for low-income Nebraska residents, including housing and foreclosure defense. Income and asset eligibility requirements apply. Covers all 93 counties.
legalaidofnebraska.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Nebraska. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Nebraska →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Legal Aid of Nebraska

Free legal assistance for low-income Nebraska residents statewide.
1-877-250-2016 →
📞

Nebraska Investment Finance Authority (NIFA)

State housing programs and homeownership preservation referrals.
402-434-3900 →
📞

Nebraska Attorney General Consumer Protection

Report mortgage fraud and consumer protection violations.
402-471-2682 →
📞

Nebraska 2-1-1

Statewide referral service for housing, utility, and social service assistance.
2-1-1 →
📋

Nebraska State Bar Association Lawyer Referral Service

State bar lawyer referral service.
nebar.com →
🎓

Nebraska Volunteer Lawyers Project

Coordinated through the Nebraska State Bar Association; provides pro bono legal representation for qualifying low-income residents including housing matters.
nebar.com →

Find Help in Nebraska

We maintain a verified directory of free and low-cost help providers in Nebraska. All are government-approved or federally funded.

7 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 43 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 47 Debtor education providers Required post-filing debtor education courses

Browse all 98 providers in Nebraska →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Nebraska.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Nebraska Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Nebraska homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Nebraska mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).