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How to claim foreclosure surplus funds in Nebraska

After a Nebraska trustee's sale, the trustee pays the sale costs, the loan, and junior liens, and then pays any balance to the person legally entitled to it, usually you. After a sheriff's sale in a court foreclosure, the surplus is paid into court for you, and you ask the court for it in the same case. Nebraska's Foreclosure Protection Act covers people who charge to help homeowners get leftover sale money.

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

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How to claim surplus funds in Nebraska

  1. The trustee pays out in a set order

    After the trustee's sale

    The trustee applies the sale money first to the costs of the sale and trustee's fees, then to the loan, then to junior trust deeds, mortgages and other liens, and then pays any balance to the person legally entitled to it. The trustee's attorney's fees and costs for distributing the money come out before junior liens and the former owner.

    Neb. Rev. Stat. § 76-1011

  2. Ask the trustee in writing

    As soon as possible after the sale

    Write to the trustee named in your notice of sale, ask for the sale price and a list of what was paid, and give a mailing address for any balance owed to you. Keep a copy of your letter.

  3. Disputes go to court

    If there is a dispute or doubt about who gets the money, the trustee may ask a court to decide, for example in an interpleader case. A party who objects to the trustee's proposed payout without a good faith reason can be ordered to pay the winning lienholder's attorney's fees and court costs, so get legal advice before objecting.

    Neb. Rev. Stat. § 76-1011.01

  4. Surplus after a court foreclosure

    Ask in the same case; unclaimed after 3 months, the court may invest it for you

    After a sheriff's sale under a court decree, the sale money pays the debt and costs, and any surplus is brought into court for you or others entitled to it. You ask the court for it in the same case. If it stays in court for 3 months without being claimed, the court may put it out at interest for your benefit.

    Neb. Rev. Stat. §§ 25-2146, 25-2147

  5. Check Nebraska unclaimed property

    Search your name and any past names on the Nebraska State Treasurer's unclaimed property site, where money that holders could not return is kept for owners to claim.

    Neb. Rev. Stat. § 69-1317

  6. Rules on surplus finders and fees

    No finder's fee for 24 months after names are published

    Anyone who charges to help you get excess proceeds from your foreclosure sale is a foreclosure consultant under Nebraska law: they cannot take any payment until every promised service is done, and you can cancel the contract at any time. For money already with the State Treasurer, a finder cannot charge a fee until 24 months after the owner names are published, and the fee is capped at 10 percent. You can claim it yourself for free.

    Neb. Rev. Stat. §§ 76-2708, 76-2714, 76-2716, 69-1317

  7. Surplus after a tax sale

    Surplus after a tax deed or a tax lien foreclosure follows its own rules, including a 30 day payment deadline after a tax deed is recorded. See the Nebraska property tax foreclosure page.

    Neb. Rev. Stat. § 77-1838

What Nebraska law says about leftover sale money

Surplus after a mortgage foreclosure sale

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

Common questions in Nebraska

Can a company charge me to get my Nebraska foreclosure surplus?

A business that charges to help you get excess proceeds from a foreclosure sale is covered by the Nebraska Foreclosure Protection Act. It cannot collect any fee until it has fully done every service it promised, cannot take a lien or power of attorney, and you can cancel at any time. Licensed lawyers acting for you are not covered by the Act.

What happens if no one asks the Nebraska court for my surplus?

The money stays in the court case. If it sits there unclaimed for 3 months, the court may invest it at interest for your benefit, and it is paid out only by court order. Ask the clerk of the district court in the county where the case was filed how to request it.

Can I be charged attorney's fees if I fight the Nebraska trustee's payout?

Possibly. If a court rules for a lienholder after you objected to the trustee's proposed payment without a good faith reason, the court must order you to pay that lienholder's reasonable attorney's fees and court costs. Talk to Legal Aid of Nebraska or a lawyer before you object.

Step by step

More on foreclosure in Nebraska

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What is happening and how much time there is.

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

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

Also in Nebraska

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. Neb. Rev. Stat. § 77-204 Real estate taxes, when delinquent
  2. Neb. Rev. Stat. § 77-207 Delinquent taxes, interest
  3. Neb. Rev. Stat. § 45-104.01 Interest on delinquent taxes
  4. Neb. Rev. Stat. § 77-1801 Collection by sale
  5. Neb. Rev. Stat. § 77-1802 Delinquent tax list, notice of sale
  6. Neb. Rev. Stat. § 77-1804 Publication of delinquent tax list
  7. Neb. Rev. Stat. § 77-1823 Tax sale certificate fee
  8. Neb. Rev. Stat. § 77-1824 Redemption from sale
  9. Neb. Rev. Stat. § 77-1827 Redemption, persons with disability
  10. Neb. Rev. Stat. § 77-1831 Notice before tax deed
  11. Neb. Rev. Stat. § 77-1832 Service of tax deed notice
  12. Neb. Rev. Stat. § 77-1837 Tax deed or foreclosure
  13. Neb. Rev. Stat. § 77-1837.01 Tax deed proceedings, law in effect
  14. Neb. Rev. Stat. § 77-1838 Tax deed, pay surplus to previous owner
  15. Neb. Rev. Stat. § 77-1902 Foreclosure of tax sale certificate
  16. Neb. Rev. Stat. § 77-1909 Foreclosure decree, attorney's fees
  17. Neb. Rev. Stat. § 77-1912 Sheriff's sale
  18. Neb. Rev. Stat. § 77-1913 Confirmation and sheriff's deed
  19. Neb. Rev. Stat. § 77-1916 Surplus proceeds
  20. Neb. Rev. Stat. § 77-1917 Redemption during foreclosure
  21. Neb. Rev. Stat. § 77-1918 County board duty to foreclose
  22. Neb. Rev. Stat. § 77-3507 Homestead exemption based on income
  23. Neb. Rev. Stat. § 69-1317 Unclaimed property, finder's fee
  24. Nebraska State Treasurer, Unclaimed Property
  25. Neb. Rev. Stat. § 76-1005: Power of sale conferred on trustee
  26. Neb. Rev. Stat. § 76-1006: Notice of default
  27. Neb. Rev. Stat. § 76-1007: Notice of sale; time and place of sale
  28. Neb. Rev. Stat. § 76-1008: Mailing of notices of default and sale
  29. Neb. Rev. Stat. § 76-1009: Public auction; postponement
  30. Neb. Rev. Stat. § 76-1010: Trustee's deed; no right of redemption
  31. Neb. Rev. Stat. § 76-1011: Proceeds of sale; disposition
  32. Neb. Rev. Stat. § 76-1011.01: Disputes over sale proceeds
  33. Neb. Rev. Stat. § 76-1012: Default; reinstatement
  34. Neb. Rev. Stat. § 76-1013: Deficiency action after trustee's sale
  35. Neb. Rev. Stat. § 76-1015: Trustee's sale; limitation of action
  36. Neb. Rev. Stat. § 25-1506: Stay of order of sale of mortgaged premises
  37. Neb. Rev. Stat. § 25-1529: Sale of land; notice and publication
  38. Neb. Rev. Stat. § 25-1530: Redemption before confirmation
  39. Neb. Rev. Stat. § 25-1531: Confirmation of sale
  40. Neb. Rev. Stat. § 25-2137: Complaint for foreclosure; where filed
  41. Neb. Rev. Stat. § 25-2140: Decree; effect on right to recover the debt
  42. Neb. Rev. Stat. § 25-2144: Sale by sheriff; postponement
  43. Neb. Rev. Stat. § 25-2146: Sale proceeds; surplus
  44. Neb. Rev. Stat. § 25-2147: Surplus; disposition
  45. Neb. Rev. Stat. § 25-2148: Payment of sums due before decree
  46. Neb. Rev. Stat. § 25-2149: Payment of sums due after decree; stay
  47. Neb. Rev. Stat. § 25-21,220: Forcible entry and detainer; against whom
  48. Neb. Rev. Stat. § 25-21,221: Notice to leave premises
  49. Neb. Rev. Stat. § 76-2708: Foreclosure consultant, defined
  50. Neb. Rev. Stat. § 76-2713: Foreclosure consulting contract; form and notice
  51. Neb. Rev. Stat. § 76-2714: Right to cancel foreclosure consulting contract
  52. Neb. Rev. Stat. § 76-2716: Foreclosure consultant; prohibited acts
  53. Neb. Rev. Stat. § 76-2721: Right to cancel equity purchase contract
  54. Neb. Rev. Stat. § 76-2723: Option to repurchase; conditions
  55. Neb. Rev. Stat. § 76-2728: Foreclosure Protection Act; penalty
  56. Neb. Rev. Stat. § 2-4807: Farm mediation; creditor notice
  57. Neb. Rev. Stat. § 2-4808: Farm mediation; request; participation voluntary
  58. Neb. Rev. Stat. § 77-3505: Homestead exemption; qualified claimant
  59. Neb. Rev. Stat. § 77-3512: Homestead exemption; when to apply
  60. Neb. Ct. R. Pldg. § 6-1112: Defenses and objections; time to answer (effective January 1, 2025)
  61. NIFA: Nebraska Homeowner Assistance Fund closed, helped over 3,000 Nebraskans (July 1, 2024)
  62. U.S. Treasury: Homeowner Assistance Fund
  63. Legal Aid of Nebraska: Housing
  64. Legal Aid of Nebraska: Housing Resources
  65. Legal Aid of Nebraska: Call for Help
  66. Nebraska Attorney General: File a Consumer Complaint
  67. Nebraska Department of Banking and Finance: Complaints
  68. Nebraska Judicial Branch: Legal Resources and Information
  69. Nebraska State Bar Association: Nebraska Find-a-Lawyer
  70. Nebraska Department of Revenue: Nebraska Homestead Exemption