When The House Is Foreclosed
Neb. Rev. Stat. § 76-1012 — a month to cure after the notice of default, and five weeks of published notice before a trustee's sale
The trustee's power of sale under a trust deed cannot be used until a notice of default is recorded with the register of deeds, stating the breach and the election to sell.
A month to cure. Within one month of the recording of the notice of default, or two months for farm property outside a city or village, the trustor may pay what is then due with costs and the capped trustee's fees, and the trust deed is reinstated as if no acceleration had occurred.
- Within ten days after the notice of default is recorded, a copy goes by registered or certified mail to each party to the trust deed and each person who recorded a request.
- At least twenty days before the sale, a copy of the notice of sale goes the same way.
- With no address for the trustor, the notice of default is published once a week for three consecutive weeks.
Notice of sale is given only after one month, or two months for farm property. It is published once a week for five consecutive weeks, the last publication at least ten days but not more than thirty days before the sale.
The sale is held between nine a.m. and five p.m., at the property, the county courthouse, or a public building with county offices in it.
A farm mortgage. Before foreclosing a mortgage on land used in farming, the mortgagee sends a written notice of right to cure, and the mortgagor has two months from it to pay what is due.
A mortgage foreclosed in court follows a different path from a trustee's sale. A particular loan is a question for a licensed Nebraska attorney.
Sources for this section (5)
- Neb. Rev. Stat. § 76-1006 — Sale of trust property; notice of default
- Neb. Rev. Stat. § 76-1007 — Sale of trust property; notice; time and place of sale
- Neb. Rev. Stat. § 76-1008 — Notice of default and sale; mailing; publication
- Neb. Rev. Stat. § 76-1012 — Trust deed; default; reinstatement
- Neb. Rev. Stat. § 76-1903 — Mortgage foreclosure; notice of right to cure
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.