- Who sends it
- The buyer at the sale (often the lender) or its attorney, by handing it to you or leaving it at your home
- What it starts
- At least 3 days before the buyer can file a forcible entry and detainer case
- Do this first
- Plan where you will go, and call Legal Aid of Nebraska at 1-877-250-2016 the same day
What this document is in Nebraska
Nebraska's quick court case to recover possession is called forcible entry and detainer. It can be used against a judgment debtor who stayed in possession after a sale of real estate under a court decree or other judicial process (Neb. Rev. Stat. § 25-21,220(3)), and the list in that section is not the only way it can be used.
Before filing, the party who wants possession must notify you to leave the premises. The notice must be served at least 3 days before the case starts, by leaving a written copy with you or at your usual home. If you cannot be found in the county, it may be left at or posted on the property (§ 25-21,221). Court decisions printed with the statute call it a notice to quit and say it is needed to get an order of restitution.
What it does and does not mean
- It is not a court order. The buyer cannot lock you out or remove your things on the strength of this notice alone.
- It means a court case may be filed in as little as 3 days.
- A forcible entry and detainer case decides only who has the right to possession right now. It does not decide who owns the home (§ 25-21,219, with the court decisions printed there).
- In a court foreclosure, by the time you get this the sale has usually been confirmed and the right to redeem has ended. After a trustee's sale there was never a right to redeem (§ 76-1010).
The deadlines and how to count them
- Notice to leave: at least 3 days before the case is filed (§ 25-21,221).
- Summons: it must be served within 3 days of being issued, not counting days the courts are closed (§ 25-21,223).
- Trial: held not less than 10 nor more than 14 days after the summons is issued. The summons states the time and place (§ 25-21,223).
- If you do not appear and you were properly served, the court tries the case as though you were there (§ 25-21,224).
What to do this week
- Write down the date you got the notice and watch for a summons.
- If you get a summons, write down the trial date and go to court on that day.
- Call Legal Aid of Nebraska at 1-877-250-2016 (1-800-527-7249 if 60 or older). The Nebraska Judicial Branch also lists courthouse Self-Help Centers.
- If you need more time to move, ask the buyer in writing. Some buyers offer money to leave by a set date. Get any deal in writing.
- Ask the trustee or the clerk of the district court whether there was surplus money from the sale. See Nebraska foreclosure surplus funds.
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 fast can I be evicted after a Nebraska foreclosure sale?
The buyer must give at least 3 days' written notice to leave (Neb. Rev. Stat. § 25-21,221), then file a case. The trial is held 10 to 14 days after the summons is issued (§ 25-21,223). If the buyer wins, the court orders restitution of the property.
Can the new owner just change the locks in Nebraska?
The law gives the buyer a court process to get possession, and court decisions printed with § 25-21,221 say the 3-day notice is needed for an order of restitution. If someone locks you out without a court order, call Legal Aid of Nebraska.
Can I argue about the foreclosure in the eviction case?
Usually not. A forcible entry and detainer case decides only the immediate right to possession, not title. Court decisions printed with § 25-21,219 say that if the case truly turns on a title dispute, the court must dismiss it. Talk to a lawyer if you think the sale was invalid.
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.
- 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.
Sources
- Neb. Rev. Stat. § 25-21,219 (forcible entry and detainer; jurisdiction)
- Neb. Rev. Stat. § 25-21,220 (against whom the case may be brought)
- Neb. Rev. Stat. § 25-21,221 (notice to leave premises)
- Neb. Rev. Stat. § 25-21,223 (summons; trial date)
- Neb. Rev. Stat. § 25-21,224 (failure to appear)
- Nebraska Judicial Branch: Legal Resources and Information
- Legal Aid of Nebraska: Call for Help