- Who sends it
- The lender's attorney, who files a motion to confirm the sale after the sheriff returns the order of sale to the court
- What it starts
- The last stretch to redeem: your right ends when the judge confirms the sale
- Do this first
- Note the hearing date, ask the clerk for the redemption amount, and call Legal Aid of Nebraska
What this document is in Nebraska
Before a sheriff's sale under a decree, the sheriff gives public notice of the time and place by newspaper once a week for 4 weeks in a row and by posting at the courthouse and five other public places in the county (Neb. Rev. Stat. § 25-1529, which governs sales of land on execution). You may not get that notice by mail, so watch the court file.
After the sale, the sheriff returns the order of sale to the court. Under Neb. Rev. Stat. § 25-1531, the court examines the sheriff's proceedings and confirms the sale only if it was made according to law and the home sold for fair value under the circumstances, or a new sale would not bring more. The court then orders the sheriff to give the buyer a deed.
A judge may confirm a sale on motion and 10 days' notice to the other side or its attorney (§ 25-1531). The notice you receive usually names the hearing date and the sale price.
What it does and does not mean
- Until confirmation, you still have a right to redeem. Pay into court the amount of the decree with interest and costs. If someone other than the lender bought the home, also pay that buyer 12 percent interest on the price from the sale date to the redemption date, or deposit it with the clerk (§ 25-1530(1)).
- If the sale price is less than the decree, the court may refuse to confirm if it finds the home has a fair and reasonable value equal to or greater than the decree (§ 25-1531).
- Court decisions printed with § 25-1531 say a low price alone usually is not enough unless it shocks the conscience, shows fraud, or there is a real chance of a higher bid at a new sale. Bring evidence of value.
- Once the sale is confirmed, your rights in the home are treated as having ended when the sheriff accepted the highest bid (§ 25-1530(2)). There is no redemption period after confirmation.
The deadlines and how to count them
- Hearing notice: at least 10 days before the hearing when the court confirms on motion (§ 25-1531). Count back from the hearing date.
- Redemption: until the judge confirms the sale (§ 25-1530(1)). Do not wait for the hearing day; get the exact amount from the clerk now.
- Postponed sales: the sheriff can postpone the sale by announcing a new date, time and place at the sale. A new full notice is needed only if it moves more than 45 days past the date in the notice (§ 25-2144(2)).
- If the sale is confirmed, any money left after the debt and costs is paid into court for you and others entitled to it. See Nebraska foreclosure surplus funds.
What to do this week
- Write down the hearing date and the court.
- Ask the clerk of the district court for the decree amount, interest and costs, and the sale price, so you know the redemption figure.
- If you want to object, gather proof of value, such as an appraisal or recent sales of similar homes nearby, and file a written objection before the hearing.
- Call Legal Aid of Nebraska at 1-877-250-2016 (1-800-527-7249 if 60 or older) or a private lawyer the same day.
- Go to the hearing. Objections not raised there are hard to raise later.
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
Can I still keep my Nebraska home after the sheriff's sale?
Yes, until the judge confirms the sale. You redeem by paying into court the decree amount with interest and costs, plus 12 percent interest on the price to an outside buyer (Neb. Rev. Stat. § 25-1530(1)).
Can a Nebraska judge refuse to confirm a low sheriff's sale?
Yes. If the price is less than the decree and the home's fair and reasonable value is at least the decree amount, the court may refuse to confirm (§ 25-1531). Court decisions printed with the statute set a high bar, so bring evidence of value.
The notice talks about a homestead exemption. Does it protect my home?
Usually not from your own mortgage. Nebraska's homestead exemption is up to $120,000 (§ 40-101), but § 40-103 says it does not apply to judgments on debts secured by a mortgage or trust deed you signed. Ask a lawyer how it applies to your case.
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.
- Decree of ForeclosureThe 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.
- 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. § 25-1531 (confirmation of sale)
- Neb. Rev. Stat. § 25-1530 (redemption before confirmation)
- Neb. Rev. Stat. § 25-1529 (notice of sale of land)
- Neb. Rev. Stat. § 25-2144 (sheriff's sale; postponement)
- Neb. Rev. Stat. § 40-101 (homestead exemption amount)
- Neb. Rev. Stat. § 40-103 (homestead exemption does not apply to mortgage debts)
- Legal Aid of Nebraska: Call for Help