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How to stop a foreclosure in Nebraska

Your best chance to stop a Nebraska foreclosure comes early. With a trust deed you have a legal right to cure within 1 month after the notice of default is recorded. In a court case you can answer within 30 days, pay the past-due amount before the decree, and ask for a stay of the sale within 20 days after the decree. Free help applying to your servicer is available from HUD-approved counselors and Legal Aid of Nebraska, though the lender does not have to agree to a workout.

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.

Ways to stop or delay a foreclosure in Nebraska

  • Cure the default within 1 month (trust deed)

    Within 1 month after the notice of default is recorded

    Pay what is past due plus costs actually incurred and a trustee's fee capped at $50 or one half of one percent of the unpaid principal, whichever is greater. You do not have to pay the part of the loan that would not be due without the default. The foreclosure is then dropped and the loan goes on as before.

    Neb. Rev. Stat. § 76-1012

  • Apply to your servicer for loss mitigation

    As early as possible; a complete application more than 37 days before the sale has federal protection

    Ask about a repayment plan, forbearance or loan modification, and get help from a HUD-approved counselor. Legal Aid of Nebraska's foreclosure page lists what to gather first: pay stubs, account statements, mortgage statements, debts, and a letter explaining your hardship.

    12 C.F.R. § 1024.41(g)

  • Answer the lawsuit

    Within 30 days after you are served

    In a court foreclosure, file a written answer with the district court raising any defense, such as a wrong amount. An answer keeps the lender from getting a quick default decree.

    Neb. Ct. R. Pldg. § 6-1112

  • Pay the past-due amount into court

    Before the decree, or after it to stay the case

    On a loan paid in installments, bringing the past-due principal, interest and costs into court before the decree of sale requires the case to be dismissed. Doing it after the decree stays the case, but the decree can be enforced if you default again later.

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

  • Request a stay of the sale

    Within 20 days after the decree

    File a written request with the clerk of the district court to delay the sheriff's sale 3, 6 or 9 months. Filing it means you cannot appeal the decree, so talk to a lawyer about which matters more in your case.

    Neb. Rev. Stat. § 25-1506

  • Challenge a defective trustee's sale

    As soon as you see the problem, ideally before the sale

    The notice of default must describe the breach, and the sale notices must follow the timing rules. The official notes to the statute say a trustor can sue in equity to set aside a defective trustee's sale, but a sale can be hard to undo once the home passes to a good-faith buyer. Get a lawyer to review the notices.

    Neb. Rev. Stat. §§ 76-1005, 76-1006, 76-1010

  • Redeem before confirmation

    Until the judge confirms the sheriff's sale

    In a court foreclosure, paying the decree amount with interest and costs into court ends the foreclosure even after the auction. If an outside buyer bid, you also pay that buyer 12 percent interest on the price.

    Neb. Rev. Stat. § 25-1530

What Nebraska law gives you

The right to catch up and stop the sale

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

Foreclosure mediation

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.

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

The options your servicer can offer

Common questions in Nebraska

How much do I have to pay to cure a Nebraska notice of default?

Under Neb. Rev. Stat. § 76-1012, the amount then due without the accelerated part of the loan, plus costs actually incurred in enforcing the loan and trustee's fees of no more than $50 or one half of one percent of the unpaid principal, whichever is greater. Payment must be a real tender within 1 month of the recording. Ask the trustee for the figure in writing.

Should I ask for a stay of sale in my Nebraska foreclosure?

It buys 3, 6 or 9 months to refinance, sell or work out a deal, but the official notes to Neb. Rev. Stat. § 25-1506 say that requesting a stay gives up your right to appeal the decree. If you have a real defense you may want to appeal instead. Talk to Legal Aid of Nebraska or a licensed attorney before the 20 days run out.

Does Nebraska have foreclosure mediation for homeowners?

No. Nebraska's Farm Mediation Act covers agricultural loans, and even there taking part is voluntary (Neb. Rev. Stat. § 2-4808). For a home, work with your servicer through a free HUD-approved counselor or Legal Aid of Nebraska.

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.

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Sources for this page

  1. Neb. Rev. Stat. § 25-2138: Sale of premises; decree
  2. Neb. Rev. Stat. § 25-2145: Sheriff's deed; effect
  3. Neb. Rev. Stat. § 25-21,223: Forcible entry and detainer; summons and trial date
  4. Neb. Rev. Stat. § 25-202: Limitation for foreclosure of mortgages and trust deeds as mortgages
  5. Neb. Rev. Stat. § 25-205: Actions on written contracts
  6. Neb. Rev. Stat. § 76-1005: Power of sale conferred on trustee
  7. Neb. Rev. Stat. § 76-1006: Notice of default
  8. Neb. Rev. Stat. § 76-1007: Notice of sale; time and place of sale
  9. Neb. Rev. Stat. § 76-1008: Mailing of notices of default and sale
  10. Neb. Rev. Stat. § 76-1009: Public auction; postponement
  11. Neb. Rev. Stat. § 76-1010: Trustee's deed; no right of redemption
  12. Neb. Rev. Stat. § 76-1011: Proceeds of sale; disposition
  13. Neb. Rev. Stat. § 76-1011.01: Disputes over sale proceeds
  14. Neb. Rev. Stat. § 76-1012: Default; reinstatement
  15. Neb. Rev. Stat. § 76-1013: Deficiency action after trustee's sale
  16. Neb. Rev. Stat. § 76-1015: Trustee's sale; limitation of action
  17. Neb. Rev. Stat. § 25-1506: Stay of order of sale of mortgaged premises
  18. Neb. Rev. Stat. § 25-1529: Sale of land; notice and publication
  19. Neb. Rev. Stat. § 25-1530: Redemption before confirmation
  20. Neb. Rev. Stat. § 25-1531: Confirmation of sale
  21. Neb. Rev. Stat. § 25-2137: Complaint for foreclosure; where filed
  22. Neb. Rev. Stat. § 25-2140: Decree; effect on right to recover the debt
  23. Neb. Rev. Stat. § 25-2144: Sale by sheriff; postponement
  24. Neb. Rev. Stat. § 25-2146: Sale proceeds; surplus
  25. Neb. Rev. Stat. § 25-2147: Surplus; disposition
  26. Neb. Rev. Stat. § 25-2148: Payment of sums due before decree
  27. Neb. Rev. Stat. § 25-2149: Payment of sums due after decree; stay
  28. Neb. Rev. Stat. § 25-21,220: Forcible entry and detainer; against whom
  29. Neb. Rev. Stat. § 25-21,221: Notice to leave premises
  30. Neb. Rev. Stat. § 76-2708: Foreclosure consultant, defined
  31. Neb. Rev. Stat. § 76-2713: Foreclosure consulting contract; form and notice
  32. Neb. Rev. Stat. § 76-2714: Right to cancel foreclosure consulting contract
  33. Neb. Rev. Stat. § 76-2716: Foreclosure consultant; prohibited acts
  34. Neb. Rev. Stat. § 76-2721: Right to cancel equity purchase contract
  35. Neb. Rev. Stat. § 76-2723: Option to repurchase; conditions
  36. Neb. Rev. Stat. § 76-2728: Foreclosure Protection Act; penalty
  37. Neb. Rev. Stat. § 2-4807: Farm mediation; creditor notice
  38. Neb. Rev. Stat. § 2-4808: Farm mediation; request; participation voluntary
  39. Neb. Rev. Stat. § 77-3505: Homestead exemption; qualified claimant
  40. Neb. Rev. Stat. § 77-3512: Homestead exemption; when to apply
  41. Neb. Ct. R. Pldg. § 6-1112: Defenses and objections; time to answer (effective January 1, 2025)
  42. NIFA: Nebraska Homeowner Assistance Fund closed, helped over 3,000 Nebraskans (July 1, 2024)
  43. U.S. Treasury: Homeowner Assistance Fund
  44. Legal Aid of Nebraska: Housing
  45. Legal Aid of Nebraska: Housing Resources
  46. Legal Aid of Nebraska: Call for Help
  47. Nebraska Attorney General: File a Consumer Complaint
  48. Nebraska Department of Banking and Finance: Complaints
  49. Nebraska Judicial Branch: Legal Resources and Information
  50. Nebraska State Bar Association: Nebraska Find-a-Lawyer
  51. Nebraska Department of Revenue: Nebraska Homestead Exemption