- Who sends it
- The trustee or the trustee's attorney publishes it in a newspaper and mails you a copy by registered or certified mail
- What it starts
- A countdown to the auction: the last newspaper notice runs 10 to 30 days before the sale, and you get a mailed copy at least 20 days before
- Do this first
- Write down the sale date and the trustee's contact details, then call the trustee to confirm the sale and ask for a payoff or reinstatement figure
What this document is in Nebraska
After at least 1 month has passed since the notice of default was recorded (2 months for some farm property), the trustee or its attorney gives notice of sale (Neb. Rev. Stat. § 76-1006(1)(c)).
The notice must describe the property and give the time and place of the sale. It is published at least five times, once a week for 5 weeks in a row, in a newspaper of general circulation in the county, with the last publication at least 10 days but not more than 30 days before the sale (§ 76-1007(1)). The statute's sample form is titled "Notice of Trustee's Sale."
At least 20 days before the sale, the trustee or its attorney must mail a copy of the notice of the time and place of sale by registered or certified mail to each party to the trust deed at the address in it (§ 76-1008(2), (3)).
What it does and does not mean
- It does not mean you must move out now. A buyer who wants you out after the sale still has to give you written notice and go to court. See the notice to leave the premises.
- The sale is a public auction to the highest bidder, held between 9 a.m. and 5 p.m. at the home, the county courthouse, or a public building with county offices in that county (§§ 76-1007(2), 76-1009). Anyone, including the lender, may bid.
- There is no right to buy the home back after a trustee's sale. The trustee's deed conveys the home without right of redemption, and your rights end when the trustee or its attorney accepts the highest bid (§ 76-1010(2)).
- The sale can be postponed. The new date, time and place are announced out loud at the time and place last set. No new notice is needed unless the sale is moved more than 45 days past the date in the notice (§ 76-1009).
The deadlines it starts and how to count them
- Sale date: printed on the notice. The last newspaper notice must run 10 to 30 days before it (§ 76-1007(1)).
- Mailed copy: must be mailed at least 20 days before the sale date (§ 76-1008(2)). Count back 20 calendar days from the sale date and compare it with the postmark.
- Cure window: the 1-month window to cure for only the past-due amount runs from the recording of the notice of default, so it has usually ended by now (§ 76-1012(1)).
- Paying before the sale: if you pay the entire amount then due at any time before the sale, the lender may add its actual costs and trustee's fees up to what the trust deed allows (§ 76-1012(2)). Get the figure in writing.
- Federal rule: if your servicer receives a complete loss mitigation application more than 37 days before the sale, it generally cannot go forward with the sale while it reviews you (12 C.F.R. § 1024.41(g)).
See a Nebraska sale date is set for a step-by-step plan.
What to do this week
- Mark the sale date and the date 37 days before it.
- Call the trustee or trustee's attorney named in the notice to confirm the date, time and place, and ask in writing for a reinstatement and payoff figure.
- Send your servicer a complete loss mitigation application if you have not, and ask in writing that the sale be postponed while it reviews you. The trustee may postpone for any cause it thinks fit, but you cannot force it (§ 76-1009).
- Call Legal Aid of Nebraska at 1-877-250-2016 (1-800-527-7249 if you are 60 or older). A lawyer can check whether the notices followed the timing rules and talk with you about bankruptcy.
- Read how to stop foreclosure in Nebraska.
After the sale and scam warnings
- Leftover money: the trustee pays sale costs, the loan and junior liens, then gives any balance to the person legally entitled to it. See Nebraska foreclosure surplus funds.
- Shortfall: the lender has only 3 months after a trustee's sale to sue for a deficiency, and the court must subtract the home's fair market value (Neb. Rev. Stat. § 76-1013). See Nebraska deficiency judgments.
- A business that buys your home while it is in foreclosure must give you a written contract you can cancel until midnight of the third business day after signing, as the state file lists under Neb. Rev. Stat. § 76-2721. Have Legal Aid of Nebraska read any deed or contract before you sign.
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 buy my home back after a Nebraska trustee's sale?
No. Neb. Rev. Stat. § 76-1010(2) says the trustee's deed conveys the property without right of redemption, and your rights end when the trustee accepts the highest bid. Any payoff, reinstatement or workout has to happen before the sale.
How will I know if my Nebraska trustee's sale is postponed?
The person running the sale announces the new date, time and place out loud at the time and place last set. A new published notice is needed only if the sale moves more than 45 days past the date in the notice (§ 76-1009). Call the trustee before the sale and again the day before.
Where is a Nebraska trustee's sale held?
At the place named in the notice, between 9 a.m. and 5 p.m.: the home itself, the county courthouse, or a public building with county offices in the county where the home is (§ 76-1007(2)).
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.
- 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.
- 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. § 76-1007 (notice of trustee's sale; time and place)
- Neb. Rev. Stat. § 76-1008 (mailing of notices)
- Neb. Rev. Stat. § 76-1009 (auction; postponement)
- Neb. Rev. Stat. § 76-1010 (trustee's deed; no redemption)
- Neb. Rev. Stat. § 76-1012 (cure and payment before sale)
- Neb. Rev. Stat. § 76-1013 (deficiency after trustee's sale)
- Legal Aid of Nebraska: Call for Help