- Who sends it
- The lender's attorney files the complaint in district court, and you are served with the summons and a copy of the complaint
- What it starts
- 30 days after service to serve a written answer
- Do this first
- Write down the date you were served, count 30 days, and call Legal Aid of Nebraska at 1-877-250-2016
What this document is in Nebraska
All complaints to foreclose a mortgage must be filed in the district court of the county where the home is (Neb. Rev. Stat. § 25-2137). A trust deed can also be foreclosed this way, like a mortgage.
The summons tells you a case has been filed against you and that you must respond. The complaint explains what the lender says you owe and asks the court for a decree ordering the home sold. Other people with liens on the home, such as a second mortgage lender, are often named too.
What it does and does not mean
- It does not mean your home is sold. The court must first enter a decree, and after that you can still ask for a stay of the sale. See the decree of foreclosure page.
- It does mean a judge can enter a decree without hearing from you if you do not answer on time.
- On a loan paid in installments, if you bring into court the principal and interest that are due, with costs, at any time before the decree of sale, the complaint must be dismissed (§ 25-2148). Court decisions printed with § 25-2149 say this applies where the foreclosure is for interest or part of the principal, so ask a lawyer whether it fits a loan the lender has accelerated.
- A court foreclosure gives you a right a trustee's sale does not: you can redeem until the judge confirms the sheriff's sale (§ 25-1530).
The deadline it starts and how to count it
- Answer deadline: a defendant must serve an answer within 30 days after being served with the summons and complaint, or after service by publication is complete (Neb. Ct. R. Pldg. § 6-1112(a)(1)(A)).
- How to count: do not count the day you were served. Count every calendar day after it. If day 30 is a Saturday, Sunday or court holiday, the deadline moves to the next day the court is open (Neb. Rev. Stat. § 25-2221).
- If you file a motion instead of an answer and the court denies it, you generally have 21 days after notice of the court's action to serve your answer (§ 6-1112(a)(2)).
See how foreclosure works in Nebraska for both tracks.
What to do this week
- Write the service date and the 30-day answer date on your calendar.
- Call Legal Aid of Nebraska's AccessLine at 1-877-250-2016, or the ElderAccessLine at 1-800-527-7249 if you are 60 or older, or apply online. Say you have a court deadline.
- If you do not qualify, the Nebraska Judicial Branch lists courthouse Self-Help Centers and law school legal clinics, and the state bar's Find-a-Lawyer site lists lawyers for a low-cost first consultation.
- Keep working with your servicer. Send a complete loss mitigation application with a HUD-approved counselor's help, but do not let those talks replace your answer.
- Ask the servicer in writing for the exact past-due principal, interest and costs, in case paying them into court before the decree is possible for you.
Help and scam warnings
- Nebraska has no foreclosure mediation program for homes, so anyone who says they can get you into a state program for a fee is not telling the truth.
- Nebraska's Foreclosure Protection Act bars foreclosure consultants from taking payment before every promised service is done. Lawyers acting as lawyers are not covered.
- More options are on the Nebraska foreclosure help page.
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 do I have to answer a Nebraska foreclosure lawsuit?
30 days after you are served with the summons and complaint, or after service by publication is complete (Neb. Ct. R. Pldg. § 6-1112(a)(1)(A)). Do not count the day of service, and if the last day falls on a weekend or court holiday, it moves to the next court day (Neb. Rev. Stat. § 25-2221).
Can I stop a Nebraska court foreclosure by catching up?
Under § 25-2148, on a loan with installments still to come due, bringing the past-due principal and interest with costs into court before the decree of sale requires the case to be dismissed. Paying after the decree stays the case but lets the decree be enforced on a later default (§ 25-2149). Ask a lawyer how this applies to your loan.
Why did I get court papers instead of a notice of default?
If you signed a mortgage, foreclosure goes through district court. A lender with a trust deed can also choose court instead of a trustee's sale. Court foreclosure is slower and lets you redeem until the sale is confirmed (§ 25-1530).
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.
- 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. § 25-2137 (foreclosure complaint filed in district court)
- Neb. Ct. R. Pldg. § 6-1112 (time to answer, effective January 1, 2025)
- Neb. Rev. Stat. § 25-2221 (how time is computed)
- Neb. Rev. Stat. § 25-2148 (payment of sums due before decree)
- Neb. Rev. Stat. § 25-2149 (payment after decree; stay)
- Neb. Rev. Stat. § 25-1530 (redemption before confirmation)
- Nebraska Judicial Branch: Legal Resources and Information
- Legal Aid of Nebraska: Call for Help