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How to avoidForeclosure

Nebraska · What this letter means

Nebraska foreclosure letters and notices

The papers Nebraska homeowners receive, in the order they usually arrive. Each page uses the name on the Nebraska document, explains the deadline it starts under Nebraska law, and lists what to do this week.

  1. Step 1

    Notice of Default

    In Nebraska, a notice of default is the first official step in an out-of-court trustee sale under a trust deed. It is recorded with the county register of deeds and a copy is mailed to you. From the day it is recorded you have 1 month to cure the default by paying only what is past due plus limited fees.

    What it means
  2. Step 2

    Notice of Trustee's Sale

    The Notice of Trustee's Sale gives the date, time and place of the public auction of your home. It is published once a week for 5 weeks and mailed to you at least 20 days before the sale. In Nebraska your rights in the home end when the trustee accepts the highest bid, so the time to act is before the sale.

    What it means
  3. Step 3

    Summons and Complaint (foreclosure)

    If you signed a mortgage, or your lender chose court over a trustee's sale, the foreclosure starts with a summons and complaint filed in the district court of the county where the home is. You have 30 days after service to serve an answer. Before the court enters a decree, paying the past-due principal, interest and costs into court requires the case to be dismissed.

    What it means
  4. Step 4

    Decree of Foreclosure

    The decree is the district court's order that you owe a set amount and that the home be sold by the sheriff. From the day it is entered, you have 20 days to file a written request to stay the order of sale. The stay is 9 months, or 3 or 6 months for many home loans, but filing it gives up your right to appeal the decree.

    What it means
  5. Step 5

    Motion to confirm sheriff's sale and notice of hearing

    After a sheriff's sale in a Nebraska court foreclosure, the lender asks the judge to confirm it. Until the judge confirms the sale, you can still redeem the home by paying the decree, interest and costs into court. The hearing is also your chance to object if the sale was not done properly or the price was far below the home's value.

    What it means
  6. Step 6

    Notice to leave the premises (before a forcible entry and detainer case)

    If you are still in the home after a Nebraska foreclosure sale, the new owner must serve you a written notice to leave at least 3 days before filing a forcible entry and detainer case. The court summons then sets a trial 10 to 14 days after it is issued. Only a court order can remove you.

    What it means

Got a letter not listed here? See every foreclosure letter explained, or how foreclosure works in Nebraska.