- Who sends it
- The district court enters it; a copy reaches you or your lawyer through the court case
- What it starts
- 20 days to file a written request for a stay of the order of sale; the court cannot extend this
- Do this first
- Find the date the decree was entered, count 20 days, and talk to a lawyer about the stay before that day
What this document is in Nebraska
If the lender wins the foreclosure lawsuit, the judge enters a decree of foreclosure. It sets the amount due and orders the home sold to pay it. The sale is made by the sheriff or another person the court names in the county where the home is (Neb. Rev. Stat. § 25-2144).
Under Neb. Rev. Stat. § 25-1506, the order of sale on a decree for the sale of mortgaged premises is stayed if you, within 20 days after the decree is entered, file a written request for a stay with the clerk of the court. If you do not, the order of sale may issue as soon as the 20 days end.
What it does and does not mean
- It does not mean the home is sold. The sheriff must still give public notice of the sale, and the judge must later confirm it. See the notice of hearing on confirmation of sale.
- You can still redeem the home until the sale is confirmed by paying into court the amount of the decree with interest and costs (§ 25-1530(1)).
- If you bring the past-due principal, interest and costs into court after the decree, the case is stayed, but the decree can be enforced if you default again later (§ 25-2149).
- Court decisions printed with § 25-1506 say that requesting a stay keeps you from appealing the decree. If you think the decree is wrong, talk to a lawyer before you file the request.
The deadline it starts and how to count it
- Stay request: within 20 days after the decree is entered. Do not count the day of entry. If day 20 is a weekend or court holiday, the deadline moves to the next court day (§ 25-2221). Court decisions printed with § 25-1506 say the court cannot extend the 20 days.
- Length of the stay: 9 months after the decree (§ 25-1506).
- Shorter stays for many home loans: for a mortgage signed after September 28, 1959 on a lot in a platted subdivision or a residential parcel of 3 acres or less, the stay is 3 months if the loan's original maturity date is more than 20 years after the complaint was filed. It is 6 months for such a mortgage signed after October 9, 1961 if the original maturity is more than 10 but not more than 20 years after filing (§ 25-1506). The original maturity is the date the last payment was due without acceleration.
- Example: a 30-year loan made in 2020 and foreclosed in 2026 has about 24 years left, so the stay would be 3 months.
What to do this week
- Get a copy of the decree from the clerk of the district court and write down the date it was entered.
- Call Legal Aid of Nebraska at 1-877-250-2016 (1-800-527-7249 if 60 or older) today. Ask whether to request a stay or appeal.
- If you decide to request a stay, file a short written request with the clerk of the district court before the 20 days end and keep a file-stamped copy.
- Use the stay months to work with your servicer, sell, refinance or plan a move. Send a complete loss mitigation application and keep copies.
- Read what to do when a Nebraska sale date is set.
Help and scam warnings
- Ask the clerk for the decree amount in writing if you hope to redeem before confirmation. Pay the court, not a third party.
- Be wary of anyone who offers to take over your home or your redemption for a fee. Nebraska's Foreclosure Protection Act covers foreclosure consultants and buyers of homes in foreclosure.
- Read about Nebraska deficiency judgments so you know what may happen if the sale does not cover the decree.
The rest of the Nebraska process
See how foreclosure works in Nebraska, the timeline, ways to stop it and free help in Nebraska, or read the national guide to this letter.
Common questions
How long a stay of sale can I get in Nebraska?
9 months, but 3 months if more than 20 years were left on the loan's original schedule when the complaint was filed, or 6 months if 10 to 20 years were left, for a mortgage on a platted lot or a residential parcel of 3 acres or less (Neb. Rev. Stat. § 25-1506).
Can a Nebraska judge give me more than 20 days to ask for a stay?
No. The statute sets 20 days after the decree is entered, and court decisions printed with § 25-1506 say the district court has no power to extend it.
Should I ask for a stay or appeal my Nebraska foreclosure decree?
You generally cannot do both. Court decisions printed with § 25-1506 say a defendant who requests a stay cannot appeal the decree. A lawyer can tell you whether your defenses are worth an appeal.
Can I still save my home after the Nebraska decree?
Yes, until the sale is confirmed you can redeem by paying into court the decree amount with interest and costs, plus 12 percent interest on the price to an outside buyer if one bought the home (§ 25-1530(1)).
Other Nebraska letters
- Notice of DefaultIn 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.
- Notice of Trustee's SaleThe 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.
- 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.
- Motion to confirm sheriff's sale and notice of hearingAfter 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.
- 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.
Sources
- Neb. Rev. Stat. § 25-1506 (stay of order of sale)
- Neb. Rev. Stat. § 25-2221 (how time is computed)
- Neb. Rev. Stat. § 25-2144 (sale by sheriff; postponement)
- Neb. Rev. Stat. § 25-2149 (payment after decree; stay)
- Neb. Rev. Stat. § 25-1530 (redemption before confirmation)
- Legal Aid of Nebraska: Call for Help