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How to avoid foreclosure in Nebraska

Nebraska has two ways to foreclose on a home, and which one you face depends on the paper you signed. If you signed a trust deed (deed of trust) with a power of sale, a trustee can sell the home at a public auction without a court case, under the Nebraska Trust Deeds Act. If you signed a mortgage, or the lender chooses to go to court on a trust deed, the lender files a lawsuit in district court, the judge orders a sale, the sheriff sells the home, and the judge must confirm the sale. Out-of-court trustee sales are the faster route and are widely described as the usual one for homes, but the law lets the lender pick either.

Ask for help in Nebraska Free HUD counselor: (800) 569-4287

Reviewed against Nebraska law and official sources on October 12, 2026. General information, not legal advice.

Nebraska at a glance
Type of foreclosure
Nonjudicial (no court case)
Catch up to stop the sale
Limited
Buy back after the sale
Limited
Owe money after the sale
Limited
Foreclosure mediation
No statewide program

How foreclosure works in Nebraska, step by step

How long it takes: For an out-of-court trustee sale, at the very least about 6 months from your first missed payment: more than 120 days under the federal rule, then at least 1 month after the notice of default is recorded, then 5 weeks of newspaper notice with the last one at least 10 days before the sale. A court foreclosure usually takes longer, because you get 30 days to answer and can ask for a 3, 6 or 9 month stay after the decree. These are legal minimums, not a prediction.

  1. Missed payments

    Under a federal rule, your servicer generally cannot start a foreclosure until you are more than 120 days behind. Use this time to call your servicer and a free HUD-approved housing counselor and apply for help such as a repayment plan or loan modification.

    12 C.F.R. § 1024.41(f)

  2. Notice of default is recorded (trust deed)

    For a trust deed, the trustee or its attorney records a notice of default with the county register of deeds. It must say what the default is and that the trustee plans to sell. A copy must be mailed to you within 10 days after it is recorded. You then have 1 month to cure the default by paying the past-due amount plus limited fees, which reinstates the loan.

    Neb. Rev. Stat. §§ 76-1006, 76-1008, 76-1012

  3. Notice of trustee's sale

    After at least 1 month (2 months for some farm property), the trustee publishes a notice of sale in a local newspaper once a week for 5 weeks in a row. The last notice must run 10 to 30 days before the sale, and a copy must be mailed to you at least 20 days before the sale.

    Neb. Rev. Stat. §§ 76-1006, 76-1007, 76-1008

  4. Or: a foreclosure lawsuit (mortgage)

    If you have a mortgage, or the lender chooses court, you are served with a summons and complaint from the district court. You have 30 days after service to file an answer. Before the court enters its decree, you can have the case dismissed by paying the past-due principal, interest and costs.

    Neb. Rev. Stat. §§ 25-2137, 25-2148; Neb. Ct. R. Pldg. § 6-1112

  5. Decree and request to stay the sale (court cases)

    If the judge orders the home sold, you have 20 days after the decree to file a written request to stay the sale. The stay is 9 months, but it is 3 or 6 months for many home loans, depending on how many years were left on the loan when the case was filed. Filing the request gives up your right to appeal the decree, so get legal advice first.

    Neb. Rev. Stat. § 25-1506

  6. The sale

    A trustee sale is a public auction held between 9 a.m. and 5 p.m. at the home, the county courthouse, or another county building. A court sale is run by the sheriff after 4 weeks of newspaper notice. Anyone can bid. After a trustee sale you cannot buy the home back. After a sheriff's sale, you can still redeem until the judge confirms the sale.

    Neb. Rev. Stat. §§ 76-1007, 76-1009, 76-1010, 25-1529, 25-1530

  7. Confirmation, leftover money and moving out

    In a court case, the judge must confirm the sheriff's sale, and you must get at least 10 days' notice of the hearing. Any money left after the debt and costs goes to junior lienholders and then to you. If you stay in the home, the buyer must give you at least 3 days' written notice and then file an eviction case in court.

    Neb. Rev. Stat. §§ 25-1531, 76-1011, 25-2146, 25-21,221

Nebraska foreclosure deadlines to know

WhatHow long
Right to cure after the notice of default (trust deed)Neb. Rev. Stat. § 76-10121 month after the notice of default is recorded (2 months for some farm property)
Notice of trustee's saleNeb. Rev. Stat. §§ 76-1007, 76-1008Published once a week for 5 weeks, last notice 10 to 30 days before the sale; mailed at least 20 days before
Time to answer a foreclosure lawsuitNeb. Ct. R. Pldg. § 6-111230 days after you are served
Request to stay a court-ordered saleNeb. Rev. Stat. § 25-1506Within 20 days after the decree; stay of 3, 6 or 9 months
Redeem after a sheriff's sale (court cases only)Neb. Rev. Stat. § 25-1530Until the judge confirms the sale
Lender's deadline to sue for a deficiency after a trustee saleNeb. Rev. Stat. § 76-10133 months after the sale

These are the periods written into the law. Your own dates are on the notices you received. If a notice and this page disagree, trust the notice and ask a counselor or lawyer.

Your rights as a homeowner in Nebraska

Can I stop a foreclosure in Nebraska by catching up on what I owe?

Limited right

For a trust deed, you have a legal right to cure within 1 month after the notice of default is recorded (2 months for some farm property). You pay what is past due, not the part of the loan that would not be due without the default, plus costs actually incurred and trustee's fees capped at $50 or one half of one percent of the unpaid principal, whichever is greater. The foreclosure is then dismissed and the loan goes on as before. After that month, the statute does not clearly give you a right to catch up for less than what the lender demands, so ask your servicer and check your trust deed. In a court foreclosure on a loan paid in installments, paying the past-due principal, interest and costs into court before the decree requires the case to be dismissed, and paying them after the decree stays the case.

Neb. Rev. Stat. §§ 76-1012, 25-2148, 25-2149

Can I get my home back after a foreclosure sale in Nebraska?

Limited redemption

It depends on the process. After a trustee sale under a trust deed there is no right of redemption: your rights end when the trustee accepts the highest bid. In a court foreclosure, you can redeem until the judge confirms the sheriff's sale by paying into court the amount of the decree plus interest and costs. If someone other than the lender bought the home, you must also pay that buyer 12 percent interest on the price from the sale date. There is no redemption period after confirmation.

Neb. Rev. Stat. §§ 76-1010, 25-1530

Can the lender come after me for the remaining balance in Nebraska?

Limited

A lender can seek a deficiency judgment for the shortfall in Nebraska, with limits. After a trustee sale, the lender must sue within 3 months, and the court must find the home's fair market value on the sale date. The judgment cannot be more than the debt, interest and sale costs minus that fair market value, or minus the sale price if that is higher. In a court foreclosure the 3-month limit does not apply, but the lender cannot sue separately on the debt while the case is pending or after the decree unless the court allows it, and the judge can refuse to confirm a sale that brought less than the decree if the home is worth at least the decree amount.

Neb. Rev. Stat. §§ 76-1013, 25-2140, 25-1531

Is there foreclosure mediation in Nebraska?

No statewide program

Nebraska has no foreclosure mediation or settlement conference program for homes, and no confirmed county program. The Farm Mediation Act covers agricultural loans only: before starting a proceeding on a farm debt over $40,000, most creditors must tell the borrower in writing at least 30 days ahead that mediation is available, but taking part is voluntary for both sides. For a home loan, the closest thing is working with your servicer through a free HUD-approved housing counselor or Legal Aid of Nebraska.

Other Nebraska protections

  • One month to cure after the notice of default

    For a trust deed, you can stop the trustee sale by paying the past-due amount within 1 month after the notice of default is recorded. Trustee's fees you must pay to cure are capped at $50 or one half of one percent of the unpaid principal, whichever is greater.

    Neb. Rev. Stat. § 76-1012

  • Stay of a court-ordered sale

    In a court foreclosure, a written request filed within 20 days after the decree delays the sale by 9 months, or 3 or 6 months for many home loans. The court cannot extend the 20 days, and filing the request means you cannot appeal the decree.

    Neb. Rev. Stat. § 25-1506

  • Judge must confirm a sheriff's sale

    The judge confirms a sheriff's sale only if it followed the law and brought fair value, and can refuse when the price is below the decree and the home is worth more. You must get at least 10 days' notice of the hearing with information on the homestead exemption, and if that notice is missing you can ask to set the sale aside within 60 days after confirmation.

    Neb. Rev. Stat. § 25-1531

  • Deficiency limited to fair market value after a trustee sale

    A deficiency suit after a trustee sale must be filed within 3 months, and the court must subtract the home's fair market value, not just a low sale price, from what you owed.

    Neb. Rev. Stat. § 76-1013

Nebraska mortgage assistance programs

Nebraska Homeowner Assistance Fund (NHAF)

Closed to new applications

Closed. The Nebraska Investment Finance Authority (NIFA) announced on July 1, 2024 that the fund had allocated all of its money after helping 3,093 homeowners. The U.S. Treasury also says the federal Homeowner Assistance Fund period ended on September 30, 2026, so no state can pay new help from it. No state-funded mortgage payment program replacing it was found on NIFA's site. If you are 65 or older, or qualify as a disabled homeowner or certain veteran, Nebraska's homestead exemption can lower your property taxes: apply to your county assessor after February 1 and by June 30 each year. It does not pay a mortgage.

Check the program’s current status

If the home is sold for more than you owe

After a trustee sale, the trustee pays the sale costs and fees, then the loan, then junior trust deeds, mortgages and other liens in order, and then gives any balance to the person legally entitled to it, usually the former owner. If there is a dispute about who gets the money, it may go to court. After a sheriff's sale in a court case, any surplus is paid into court for you or others entitled to it, and you ask the court for it in the same case. If it sits unclaimed for 3 months, the court may invest it for you. Ask the trustee or the clerk of the district court how to claim it, and be careful of anyone who offers to recover it for a fee: Nebraska's foreclosure consultant law covers people who help homeowners get leftover sale money.

Neb. Rev. Stat. §§ 76-1011, 76-1011.01, 25-2146, 25-2147, 76-2708

Ways to avoid foreclosure

Most of your options come from federal rules and from whoever owns or insures your loan, so they work the same way in Nebraska as anywhere else. What changes by state is how much time you have to use them.

Step by step

Nebraska foreclosure guides, step by step

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

Last reviewed October 12, 2026. Laws and programs change. If you find something out of date, tell us.

  1. Neb. Rev. Stat. § 76-1005: Power of sale conferred on trustee
  2. Neb. Rev. Stat. § 76-1006: Notice of default
  3. Neb. Rev. Stat. § 76-1007: Notice of sale; time and place of sale
  4. Neb. Rev. Stat. § 76-1008: Mailing of notices of default and sale
  5. Neb. Rev. Stat. § 76-1009: Public auction; postponement
  6. Neb. Rev. Stat. § 76-1010: Trustee's deed; no right of redemption
  7. Neb. Rev. Stat. § 76-1011: Proceeds of sale; disposition
  8. Neb. Rev. Stat. § 76-1011.01: Disputes over sale proceeds
  9. Neb. Rev. Stat. § 76-1012: Default; reinstatement
  10. Neb. Rev. Stat. § 76-1013: Deficiency action after trustee's sale
  11. Neb. Rev. Stat. § 76-1015: Trustee's sale; limitation of action
  12. Neb. Rev. Stat. § 25-1506: Stay of order of sale of mortgaged premises
  13. Neb. Rev. Stat. § 25-1529: Sale of land; notice and publication
  14. Neb. Rev. Stat. § 25-1530: Redemption before confirmation
  15. Neb. Rev. Stat. § 25-1531: Confirmation of sale
  16. Neb. Rev. Stat. § 25-2137: Complaint for foreclosure; where filed
  17. Neb. Rev. Stat. § 25-2140: Decree; effect on right to recover the debt
  18. Neb. Rev. Stat. § 25-2144: Sale by sheriff; postponement
  19. Neb. Rev. Stat. § 25-2146: Sale proceeds; surplus
  20. Neb. Rev. Stat. § 25-2147: Surplus; disposition
  21. Neb. Rev. Stat. § 25-2148: Payment of sums due before decree
  22. Neb. Rev. Stat. § 25-2149: Payment of sums due after decree; stay
  23. Neb. Rev. Stat. § 25-21,220: Forcible entry and detainer; against whom
  24. Neb. Rev. Stat. § 25-21,221: Notice to leave premises
  25. Neb. Rev. Stat. § 76-2708: Foreclosure consultant, defined
  26. Neb. Rev. Stat. § 76-2713: Foreclosure consulting contract; form and notice
  27. Neb. Rev. Stat. § 76-2714: Right to cancel foreclosure consulting contract
  28. Neb. Rev. Stat. § 76-2716: Foreclosure consultant; prohibited acts
  29. Neb. Rev. Stat. § 76-2721: Right to cancel equity purchase contract
  30. Neb. Rev. Stat. § 76-2723: Option to repurchase; conditions
  31. Neb. Rev. Stat. § 76-2728: Foreclosure Protection Act; penalty
  32. Neb. Rev. Stat. § 2-4807: Farm mediation; creditor notice
  33. Neb. Rev. Stat. § 2-4808: Farm mediation; request; participation voluntary
  34. Neb. Rev. Stat. § 77-3505: Homestead exemption; qualified claimant
  35. Neb. Rev. Stat. § 77-3512: Homestead exemption; when to apply
  36. Neb. Ct. R. Pldg. § 6-1112: Defenses and objections; time to answer (effective January 1, 2025)
  37. NIFA: Nebraska Homeowner Assistance Fund closed, helped over 3,000 Nebraskans (July 1, 2024)
  38. U.S. Treasury: Homeowner Assistance Fund
  39. Legal Aid of Nebraska: Housing
  40. Legal Aid of Nebraska: Housing Resources
  41. Legal Aid of Nebraska: Call for Help
  42. Nebraska Attorney General: File a Consumer Complaint
  43. Nebraska Department of Banking and Finance: Complaints
  44. Nebraska Judicial Branch: Legal Resources and Information
  45. Nebraska State Bar Association: Nebraska Find-a-Lawyer
  46. Nebraska Department of Revenue: Nebraska Homestead Exemption