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HOA and condo association foreclosure in Nebraska

In Nebraska, both homeowners associations and condominium associations can get a lien for unpaid assessments, but only after they record a notice of the dollar amount, and they foreclose it the same way a mortgage is foreclosed. The lien comes after a first mortgage or deed of trust recorded before that notice, so there are no months of dues ahead of your existing loan. The lien is not protected by the homestead exemption. A 2026 bill to change these rules was indefinitely postponed, so the law below is current.

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.

HOA and condo collection rules in Nebraska, step by step

  • Which law covers your community

    Check your deed and declaration

    Homeowners associations of residential lot owners are covered by section 52-2001. Condominiums created after January 1, 1984 are covered by the Nebraska Condominium Act, and its lien section also applies to older condos for events after that date. Older condos may also be under the Condominium Property Act for other matters.

    Neb. Rev. Stat. § 52-2001(11); § 76-826

  • The lien starts when a notice is recorded

    When the assessment is due and the notice is recorded

    The association has a lien for an assessment from the time it is due and a notice stating the dollar amount is recorded where mortgages are recorded. Unless the declaration says otherwise, fees, late charges and interest are enforced the same way as assessments. Ask for a copy of any recorded notice and check the amount.

    Neb. Rev. Stat. § 52-2001(1); § 76-874(a)

  • Your existing mortgage comes first

    If your loan was recorded before the lien notice

    The lien comes after a first mortgage or deed of trust recorded before the association's lien notice, and after property taxes. An HOA's documents cannot make its lien relate back to the declaration date to jump ahead of a loan recorded before the notice. Nebraska gives no months of dues priority over that loan.

    Neb. Rev. Stat. § 52-2001(2), (8); § 76-874(b)

  • Foreclosure like a mortgage, with notice to lienholders

    Within 3 years after the assessments come due

    The association can foreclose its lien in the same way as a mortgage on real estate and must give reasonable notice to other lienholders whose interests would be affected. The lien is extinguished unless the association starts to enforce it within three years after the full amount came due. If you get court papers, answer them by the deadline.

    Neb. Rev. Stat. § 52-2001(1), (4); § 76-874(a), (d)

  • No homestead protection, and lawyer fees for the winner

    If the association sues

    The association's lien is not subject to Nebraska's homestead exemption. A court judgment in a lien case must include costs and reasonable lawyer fees for the side that wins, so a small balance can grow fast once a lawsuit starts.

    Neb. Rev. Stat. § 52-2001(2), (6); § 76-874(b), (f)

  • Fines need notice and a chance to be heard

    Before a fine is charged

    A condo association can levy reasonable fines only after notice and an opportunity to be heard, and the HOA statute describes fines the same way. The lien statutes list fees, charges, late charges and interest as enforceable like assessments, but do not name fines, so ask the association what it is treating as part of the lien.

    Neb. Rev. Stat. § 76-860(a)(11); § 52-2001(11)(b)

  • Ask for a binding statement of what you owe

    Answer due within 10 business days

    On written request, the association must give you a recordable statement of unpaid assessments within ten business days. The statement is binding on the association and its board.

    Neb. Rev. Stat. § 52-2001(7); § 76-874(g)

Common questions in Nebraska

Can a Nebraska HOA foreclose if it never recorded a lien notice?

Under section 52-2001, the HOA's lien exists only from when the assessment is due and a notice of the dollar amount is recorded with the register of deeds. It can still sue you for the debt without a lien. Check the county records or ask the association for a copy of any recorded notice.

Does a Nebraska HOA have to offer a payment plan?

We did not find a payment plan requirement in Nebraska's HOA or condominium lien statutes. Your declaration or bylaws may say more. Ask in writing early, because court costs and lawyer fees are added if the association sues and wins.

My Nebraska HOA made me pay into an escrow account when I bought. Can it use that money?

For purchases on or after September 6, 2013, the HOA can require escrow payments up to six months of assessments, unless the declaration allows more. It can use that money to cover your late assessments and then ask you to refill it, and it must return the balance with interest when you sell with all assessments paid.

Step by step

More on foreclosure in Nebraska

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.

Also in Nebraska

Property tax foreclosure Claim surplus funds Deficiency judgments HOA and condo liens (this page)Renters after foreclosure Letters you may get

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Sources for this page

  1. Neb. Rev. Stat. § 52-2001, Homeowners' association lien
  2. Neb. Rev. Stat. § 76-874, Condominium lien for assessments
  3. Neb. Rev. Stat. § 76-826, Nebraska Condominium Act applicability
  4. Neb. Rev. Stat. § 76-860, Unit owners association powers
  5. Neb. Rev. Stat. § 76-1416, Security deposits; prepaid rent
  6. Nebraska Legislature, LB1251 (2026), HOA and condo liens, indefinitely postponed
  7. Protecting Tenants at Foreclosure Act, note under 12 U.S.C. § 5220 (govinfo)
  8. 42 U.S.C. § 1437f, Section 8 voucher leases after foreclosure (govinfo)
  9. Neb. Rev. Stat. § 76-1005: Power of sale conferred on trustee
  10. Neb. Rev. Stat. § 76-1006: Notice of default
  11. Neb. Rev. Stat. § 76-1007: Notice of sale; time and place of sale
  12. Neb. Rev. Stat. § 76-1008: Mailing of notices of default and sale
  13. Neb. Rev. Stat. § 76-1009: Public auction; postponement
  14. Neb. Rev. Stat. § 76-1010: Trustee's deed; no right of redemption
  15. Neb. Rev. Stat. § 76-1011: Proceeds of sale; disposition
  16. Neb. Rev. Stat. § 76-1011.01: Disputes over sale proceeds
  17. Neb. Rev. Stat. § 76-1012: Default; reinstatement
  18. Neb. Rev. Stat. § 76-1013: Deficiency action after trustee's sale
  19. Neb. Rev. Stat. § 76-1015: Trustee's sale; limitation of action
  20. Neb. Rev. Stat. § 25-1506: Stay of order of sale of mortgaged premises
  21. Neb. Rev. Stat. § 25-1529: Sale of land; notice and publication
  22. Neb. Rev. Stat. § 25-1530: Redemption before confirmation
  23. Neb. Rev. Stat. § 25-1531: Confirmation of sale
  24. Neb. Rev. Stat. § 25-2137: Complaint for foreclosure; where filed
  25. Neb. Rev. Stat. § 25-2140: Decree; effect on right to recover the debt
  26. Neb. Rev. Stat. § 25-2144: Sale by sheriff; postponement
  27. Neb. Rev. Stat. § 25-2146: Sale proceeds; surplus
  28. Neb. Rev. Stat. § 25-2147: Surplus; disposition
  29. Neb. Rev. Stat. § 25-2148: Payment of sums due before decree
  30. Neb. Rev. Stat. § 25-2149: Payment of sums due after decree; stay
  31. Neb. Rev. Stat. § 25-21,220: Forcible entry and detainer; against whom
  32. Neb. Rev. Stat. § 25-21,221: Notice to leave premises
  33. Neb. Rev. Stat. § 76-2708: Foreclosure consultant, defined
  34. Neb. Rev. Stat. § 76-2713: Foreclosure consulting contract; form and notice
  35. Neb. Rev. Stat. § 76-2714: Right to cancel foreclosure consulting contract
  36. Neb. Rev. Stat. § 76-2716: Foreclosure consultant; prohibited acts
  37. Neb. Rev. Stat. § 76-2721: Right to cancel equity purchase contract
  38. Neb. Rev. Stat. § 76-2723: Option to repurchase; conditions
  39. Neb. Rev. Stat. § 76-2728: Foreclosure Protection Act; penalty
  40. Neb. Rev. Stat. § 2-4807: Farm mediation; creditor notice
  41. Neb. Rev. Stat. § 2-4808: Farm mediation; request; participation voluntary
  42. Neb. Rev. Stat. § 77-3505: Homestead exemption; qualified claimant
  43. Neb. Rev. Stat. § 77-3512: Homestead exemption; when to apply
  44. Neb. Ct. R. Pldg. § 6-1112: Defenses and objections; time to answer (effective January 1, 2025)
  45. NIFA: Nebraska Homeowner Assistance Fund closed, helped over 3,000 Nebraskans (July 1, 2024)
  46. U.S. Treasury: Homeowner Assistance Fund
  47. Legal Aid of Nebraska: Housing
  48. Legal Aid of Nebraska: Housing Resources
  49. Legal Aid of Nebraska: Call for Help
  50. Nebraska Attorney General: File a Consumer Complaint
  51. Nebraska Department of Banking and Finance: Complaints
  52. Nebraska Judicial Branch: Legal Resources and Information
  53. Nebraska State Bar Association: Nebraska Find-a-Lawyer
  54. Nebraska Department of Revenue: Nebraska Homestead Exemption