Nebraska foreclosure laws: how the process works and how long it takes
In Nebraska, a home can be sold without going to court. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements.
Nebraska at a glance
- Does a Nebraska foreclosure go through a court?
- Usually not. The home is sold after notices the law requires.
- How long does it take?
- No law sets a total length. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements.
- How far behind can you get before it starts?
- Usually more than four months of missed payments.
- Can you catch up to stop it?
- Yes in some cases, with conditions. Deadlines by kind of foreclosure
- Can you get the house back after the sale?
- No, after a sale without a court (a trustee sale), the usual kind in Nebraska. After a sale through a court, until the court confirms the sale.
- Can the lender come after you for what the sale doesn't cover?
- In some cases. State law limits it.
- Is there mediation?
- No statewide program identified in our records.
- How many Nebraska homeowners are 90+ days behind?
- The share of borrowers with a mortgage who were 90+ days behind was 0.8% in the first quarter of 2025, lower than the U.S. (1.2%). How Nebraska compares
What "without a court" means for you in Nebraska
Not Nebraska
Through a court
The lender files a lawsuit, and a judge has to approve the sale. You can answer in court, and no law sets how fast a case goes.
Nebraska
Without a court
The lender or a trustee sends the notices the law requires and sells the home at a public sale. There's no lawsuit unless you file one, so the dates in each notice matter most.
How foreclosure works in Nebraska, step by step
The 5 steps of a foreclosure in Nebraska, and the time the law gives each
Each step in order, with the time the law gives it. 5 of the 5 have a time set in law; "No set time" means the lender sets the pace.
- 120+ days behind You fall behind on payments
- Within 10 days You get a notice of default
- At least 20 days before the sale The sale is advertised
- On the sale date The home is sold at auction
- 14 days You may be asked to leave
Each step in detail, with the law behind it
-
Step 1
You fall behind on payments
Federal rules give you time to apply for help before anything is filed. Source 12 CFR 1024.41
-
Step 2
You get a notice of default
Filed with register of deeds; mailed within 10 days of recording; cure period of one month (two months for qualifying farm property) begins
The trustee files a Notice of Default (NOD) with the county register of deeds. Source Neb. Rev. Stat. § 76-1006
-
Step 3
The sale is advertised
Published once/week for 5 consecutive weeks, the last 10 to 30 days before sale; mailed at least 20 days before sale
If the default is not cured, then after at least one month from the NOD filing (two months for qualifying farm property) the trustee publishes a Notice of Sale at least five times, once a week for 5 consecutive weeks, in a newspaper of general circulation in the county where the property is located; the last publication must be at least 10 but not more than 30 days before the sale. Source Neb. Rev. Stat. § 76-1006
-
Step 4
The home is sold at auction
On the advertised sale date; the last publication of the notice must run 10 to 30 days before the sale
The trustee sells the property at public auction to the highest bidder at the time and place specified in the Notice of Sale. Source Nebraska law
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Step 5
You may be asked to leave
Deed delivered once the bid is paid; in an eviction case, trial on possession is held 10 to 14 days after the summons is issued
The trustee delivers the trustee's deed to the purchaser once the bid is paid. Source Neb. Rev. Stat. § 76-1010
Deadlines for stopping a foreclosure in Nebraska
Catching up means paying what you've missed, plus late fees and the trustee's and attorney's costs, but not the whole loan. How late you can do it depends on the kind of foreclosure.
| Kind of foreclosure | Deadline | What starts the clock |
|---|---|---|
| Without a courtMost property | Up to 1 month after the notice of default is recorded | The clock starts when the notice of default is recorded. Paying the full debt later, before the sale, is a different right. Source Neb. Rev. Stat. § 76-1012(1) |
| Without a courtFarm property outside towns | Up to 2 months after the notice of default is recorded | For property you farm outside a city or village. The clock starts when the notice of default is recorded. Source Nebraska law |
| Through a courtAny home | Your loan papers decide | We found no catch-up deadline in the law for a court foreclosure, so your loan papers decide. Source Neb. Rev. Stat. § 76-1012(1) |
| After the sale | ||
| Without a court | No buying back | There's no right to buy the home back after a trustee sale. Source Neb. Rev. Stat. § 76-1010 |
| Through a court | Until the court confirms the sale | Pay the court the full judgment with interest and costs before confirmation. The court sets the confirmation date. Source Neb. Rev. Stat. § 25-1530 |
| Other deadlines and rules | ||
| Without a courtAny home | By the 20th day before the sale | The trustee has to mail you the notice of sale by certified or registered mail by then. The newspaper ads run once a week for five weeks, the last one 10 to 30 days before the sale. Source Neb. Rev. Stat. § 76-1008(2)-(3) |
| Without a courtAny home | Until the sale | After the catch-up period ends, you can still stop the sale by paying everything then due, usually the whole loan, plus the costs and trustee fees actually charged. This is paying off the loan, not buying the home back. Source Neb. Rev. Stat. § 76-1012(2) |
| Any foreclosureCovered farm debt | At least 30 days after the farm mediation notice is delivered | The creditor generally has to wait that long before starting a proceeding on covered agricultural debt. Source Neb. Rev. Stat. § 2-4807 |
| Through a courtAny home | Within 30 days after you are served | Serve your written answer to the foreclosure lawsuit by then. A timely motion may change the period. Source Neb. Ct. R. Pldg. § 6-1112 |
| Through a courtIf you are served by publication | Within 30 days after the last weekly newspaper notice | Service by publication is complete after three weekly notices. Serve your written answer within 30 days of that. Source Neb. Ct. R. Pldg. § 6-1112 |
| Any foreclosureAfter foreclosure | At least 3 days after the notice to leave is served | The new owner has to serve this notice at least three days before filing a forcible detainer case. An eviction case generally can't start sooner. Source Neb. Rev. Stat. § 25-21,221 |
Not sure which kind yours is? A court summons or lawsuit means a court foreclosure. A notice of default or notice of sale with no lawsuit means one without a court.
Asking for help: For covered loans and servicers, receiving a complete application more than 37 days before a scheduled sale can require the mortgage company to wait while it evaluates it. Prior applications and other exceptions matter. Ask the company to confirm receipt and what is still missing; preparing a package here does not pause a sale.
How far behind can you get before a Nebraska foreclosure starts?
More than 120 days, about four months of missed payments, for most loans on the home you live in. The federal rule has exceptions, such as a reverse mortgage, or a sale or transfer of the home without the lender's OK.
Your mortgage company generally has to try to reach you by day 36 and send a letter about help options by day 45.
A Nebraska foreclosure usually can't start until you're more than 120 days behind
Days behind on your mortgage, against the federal waiting period before filing a foreclosure case or starting a nonjudicial foreclosure
Days behind on payments
What you can do at each step of a Nebraska foreclosure
What tends to go wrong for people at each point, and the step that answers it.
| When | What goes wrong | What you can do |
|---|---|---|
| You've missed a payment | You're told to wait, or passed from person to person, while the clock runs. | Ask your mortgage company (the servicer, the company on your statement) what help it offers, in writing, and keep a copy of everything you send and get. A complete application sent well before any sale date has to be reviewed before the sale can go ahead Source 12 CFR §1024.41. How a loan modification works. |
| The first notice arrives | Foreclosure keeps moving while your application is still being reviewed. | Every notice has a date on it, and that date is what you plan around. |
| A sale date is set | The sale is days or weeks away. | A HUD-approved housing counselor or legal aid can help right away. Both are free. Paying what you're behind can stop the sale only where Nebraska's catch-up rule allows it. Filing for bankruptcy usually pauses a sale while the automatic stay lasts, though the stay has exceptions and can be short for someone with a recent dismissed case Source 11 U.S.C. §362. |
| After the sale | Money left over sits unclaimed, or you're told to leave at once. | After a sale without a court (a trustee sale), the usual kind in Nebraska, there is no right to buy the home back. After a sale through a court there can be a window: the rule is below. If the sale brought in more than was owed, you may be able to claim what is left after costs and other liens. A former owner can generally be removed only through the process state law sets. |
Can your HOA or condo association foreclose in Nebraska?
If you fall behind on association dues, the association can put a lien on your home. If it forecloses for unpaid dues, these rules apply, not the mortgage deadlines.
Where a row says “Not found in the law,” the sections we read don't address that point. It doesn't mean the answer is no.
Can it foreclose, and how?
Yes. An HOA or condo association may foreclose its recorded assessment lien through a court, using the mortgage foreclosure process.
Read the law's words
“The homeowners' association's lien may be foreclosed in like manner as a mortgage on real estate but the homeowners' association shall give reasonable notice of its action to all lienholders of real estate whos…” nebraskalegislature.gov
Is there a minimum debt or a waiting period?
Not found in the law
What notices come first?
The association has to give reasonable notice to lienholders whose interests would be affected. It has to record the lien notice before it forecloses.
Read the law's words
“…shall give reasonable notice of its action to all lienholders of real estate whose interest would be affected. Unless the homeowners' association declaration or agreement otherwise provides, fees, charges, late…” nebraskalegislature.gov
Do you have a right to a payment plan?
Not found in the law
Can the HOA's claim go ahead of the mortgage?
No. A first mortgage recorded before the association records its lien notice stays ahead of the assessment lien.
Read the law's words
“…a first mortgage or deed of trust on real estate recorded before the notice required under subsection (1) of this section has been recorded for a delinquent assessment for which enforcement is sought, and (c) l…” nebraskalegislature.gov
What protects you?
The state homestead exemption (the legal protection for your home) doesn't block the lien. You may ask for a written statement of unpaid assessments, and the association has to provide it within 10 business days.
Read the law's words
“…not subject to the homestead exemption pursuant to section 40-101. (3) Unless the declaration or agreement otherwise provides, if two or more homeowners' associations have liens for assessments created at any…” nebraskalegislature.gov
Can you buy the home back after the sale?
Not found in the law
Who these rules cover: HOAs under the Homeowners Association Act and condos under the Nebraska Condominium Act. The two acts use the same core foreclosure and priority rules.
Protections in Nebraska law
Open one to read the rule in the law's own words.
Catching up after the loan is called due (reinstatement) State law
For a trustee sale, you may reinstate within one month after the notice of default is recorded, or within two months for qualifying farm property outside a city or village. A later full payoff before the sale is different from reinstatement. For court foreclosure, check the loan papers for installment reinstatement. Source Neb. Rev. Stat. §§ 76-1012, 76-1006
Nebraska Investment Finance Authority (NIFA) Program
State housing finance authority providing homeownership programs, down payment assistance, mortgage assistance, and counseling referrals. Administers other homeownership preservation programs. More on Nebraska Investment Finance Authority (NIFA).
Nebraska HUD-Approved Housing Counseling Program
Free foreclosure prevention counseling through HUD-approved agencies; services include loss mitigation assistance, servicer negotiation support, budget counseling, and legal referrals. More on Nebraska HUD-Approved Housing Counseling.
Legal Aid of Nebraska Program
Free civil legal services for low-income Nebraska residents, including housing and foreclosure defense. Offices in Omaha, Lincoln, and other locations. Serves all 93 counties. More on Legal Aid of Nebraska.
The legal details
The Nebraska laws behind this page
- Neb. Rev. Stat. § 76-1001 to § 76-1018: Primary framework for non-judicial foreclosure of deeds of trust in Nebraska. Establishes requirements for Notice of Default, Notice of Sale, trustee's sale procedures, deficiency judgment limitations (FMV credit), and deed conveyance. Enacted 1965 and amended multiple times. A trustee's deed conveys the property without right of redemption (§ 76-1010).
- Neb. Rev. Stat. § 76-1006: Requires the trustee to file a Notice of Default (NOD) with the county register of deeds and mail it to the borrower. The trustee must wait at least one month (two months for qualifying farm property) before giving the Notice of Sale, and the borrower can cure the default within that period (§ 76-1012).
- Neb. Rev. Stat. § 76-1007; § 76-1008: Governs the Notice of Sale requirements for non-judicial foreclosure. The notice must be published once a week for 5 consecutive weeks in a newspaper of general circulation in the county, with the last publication at least 10 but not more than 30 days before the sale, and mailed to the borrower at least 20 days before the sale.
- Neb. Rev. Stat. § 76-1013: Governs deficiency judgments after non-judicial foreclosure. The lender must file for deficiency within 3 months after sale. The court must determine the fair market value and credit the borrower with the higher of the sale price or the fair market value. Deficiency limited to debt minus FMV.
- Neb. Rev. Stat. § 25-2137 et seq.: Framework for judicial foreclosure of mortgages and deeds of trust through district court. Standard civil action: complaint, service, answer, judgment, court-ordered sale.
- Neb. Rev. Stat. § 40-101 et seq.: Establishes a $120,000 homestead exemption for Nebraska residents. Protects equity in the homeowner's primary residence from judgment creditors. Does NOT protect against mortgage or deed of trust foreclosure.
Moving out after the sale
After the trustee's sale, the purchaser may file for eviction to obtain a writ of restitution. The federal Protecting Tenants at Foreclosure Act provides 90-day notice to bona fide tenants, and bona fide tenants with leases can generally stay until the lease ends. Former owner-occupants must vacate upon demand or face eviction proceedings. There is no redemption after a trustee's sale, but a forcible entry and detainer action for possession can start only after a written notice to leave has been served at least three days earlier (Neb. Rev. Stat. § 25-21,221).
Money left over after the sale
Surplus proceeds from the trustee's sale (above the debt and costs) are distributed to junior lienholders in priority order, then any remaining balance to the person or persons legally entitled to it (Neb. Rev. Stat. § 76-1011). Attorney's fees and costs the trustee incurs in distributing the proceeds are deducted before junior lienholders or anyone else are paid.
Who gets paid first
Generally first in time, first in right under Nebraska recording statutes. Nebraska is a race-notice state. Property tax liens have priority over all other liens including first mortgages. County property tax foreclosure is available.
How long the lender has to act
A trustee's sale must be made within the 5-year period that Neb. Rev. Stat. § 25-205 sets for an action on the obligation the trust deed secures. If the lender instead forecloses in court as for a mortgage, the 10-year statute of limitations for foreclosure of mortgages applies (Neb. Rev. Stat. §§ 76-1015, 25-202). Consult a local attorney. For non-judicial foreclosure: deficiency must be filed within 3 months of the trustee's sale (Neb. Rev. Stat. § 76-1013). This is a SHORT deadline that protects borrowers — if the lender does not file within 3 months, the right to a deficiency is lost.
Other kinds of foreclosure
- Unpaid property taxes: Property tax liens have priority over mortgage liens in Nebraska. Counties sell tax certificates for delinquent taxes. If the property is not redeemed, the certificate holder can apply to the county treasurer for a tax deed at any time within nine months after three years from the tax sale (two years for vacant and abandoned property when the holder is a land bank), with proof of the required notice. A tax deed is available only if 110% of the property's assessed value, minus the amount needed to redeem, is $25,000 or less; otherwise the holder must foreclose the certificate lien (Neb. Rev. Stat. § 77-1837). The law in effect when the certificate was issued generally governs these proceedings (Neb. Rev. Stat. § 77-1837.01). Contact the county treasurer for specific procedures.
Your home's value and other creditors
$120,000. Protects a homestead of up to $120,000 in value (the house you live in and its land: up to 160 acres outside a city or village, or up to two lots inside one) from judgment liens and forced sale. Does not stop mortgage or deed of trust foreclosure. Nebraska's $120,000 homestead exemption provides moderate protection. It is relevant if a deficiency judgment is pursued — the exemption protects home equity (in a future home) from general creditors. Nebraska's housing costs are relatively low compared to coastal states, so $120,000 provides meaningful coverage for many homeowners. The exemption must be claimed (filed) in bankruptcy but is automatic against judgment creditors outside bankruptcy.
Servicemembers
No Nebraska-specific military foreclosure protections beyond federal SCRA identified. Under the federal SCRA, if you took out your mortgage before active duty, you generally can't be foreclosed on without a valid court order while you are on active duty and for 12 months after leaving active duty, and you can ask for a mortgage interest rate reduction to 6 percent for your time on active duty and for one year after. Nebraska has Offutt Air Force Base (Bellevue, near Omaha) — home of U.S. Strategic Command. Military families should contact their installation legal assistance office immediately if facing foreclosure.
Taxes on forgiven debt
Nebraska borrowers face potential tax liability at both federal and state levels. After a trustee's sale, the FMV credit on deficiency and the 3-month filing deadline (Neb. Rev. Stat. § 76-1013) provide significant protection against excessive deficiency amounts.
How Nebraska compares
Nebraska, Missouri, South Dakota, Colorado and Wyoming sell most foreclosed homes without a court. Kansas and Iowa require one.
Nebraska's share of borrowers with a mortgage who are 90+ days behind is under half its 2010 peak
Share of Nebraska borrowers with a mortgage who have one 90+ days past due, quarterly, Q1 2005 to Q1 2025
Nebraska is tied for 38th place for the share of mortgages 90+ days behind, of the 50 states and D.C.
Share of borrowers with a mortgage who have one 90+ days past due, by state, Q1 2025. Dashed line: the U.S.
| State | 90+ days behind, Q1 2025 | Distress rank (score) |
|---|---|---|
| Missouri | 1.1% | 32nd (38) |
| Kansas | 1.0% | 36th (30) |
| Iowa | 0.9% | 40th (22) |
| South Dakota | 0.9% | 50th (2) |
| Nebraska | 0.8% | 46th (10) |
| Colorado | 0.8% | 34th (34) |
| Wyoming | 0.7% | 45th (12) |
The share counts people with a mortgage on their credit report, not loans or dollars. Ranks are of 51 (the 50 states and D.C.); 1st is the most distressed. Nebraska's full distress profile and county scores.
Questions about foreclosure in Nebraska
How long does foreclosure take in Nebraska?
No law sets one length for the whole process. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements. Before any of it starts, your mortgage company usually has to wait until you're more than four months behind. Each step and its deadline.
How many months behind before foreclosure starts in Nebraska?
Usually more than four months of missed payments. A federal rule keeps your mortgage company from filing before then on most loans on the home you live in, with a few exceptions, such as a sale of the home without the lender's OK. Some state notices that are only mailed to you can come during that wait.
Is Nebraska a judicial foreclosure state?
No. Nebraska has two foreclosure tracks: (1) non-judicial foreclosure by trustee's sale under the Nebraska Trust Deeds Act (Neb. Rev. Stat. § 76-1001 to § 76-1018), for deeds of trust with a power of sale — the faster track; and (2) judicial foreclosure under Neb. Rev. Stat. § 25-2137 et seq., available for both mortgages and deeds of trust. Both tracks are used in practice. Deeds of trust are the standard security instrument for residential lending. There is no redemption after a trustee's sale; after a court-ordered sale, the owner can redeem until the court confirms the sale.
Can I stop foreclosure once it starts in Nebraska?
Often there are still ways to try, though none is guaranteed. You can catch up on what you owe, where Nebraska's catch-up rule allows it. You can apply for a loan modification or a pause on payments; send the complete application more than 37 days before any sale date, so the sale has to wait for an answer. You can file for bankruptcy, or sell, including a short sale if your lender approves.
What is the redemption period for a foreclosure in Nebraska?
Nebraska's rule: after a trustee sale, you cannot buy the home back. After a court foreclosure sale, you may redeem any time before the court confirms the sale; the date depends on the court.
Can bankruptcy stop a foreclosure in Nebraska?
It usually pauses one. Filing creates an automatic stay that stops most collection, a foreclosure sale included, while it lasts. The stay has exceptions, and for someone who had a case dismissed in the past year it can last only 30 days or not start at all. A Chapter 13 plan can let you catch up on missed payments over three to five years.
Can the lender come after me for the leftover balance in Nebraska?
In some cases. Nebraska limits deficiency judgments. Nebraska's deficiency judgment rules include a meaningful FMV credit protection. The lender must file within 3 months after the non-judicial sale, and the court must find the fair market value of the property as of the sale date. The judgment cannot exceed the amount by which the debt, with interest and the costs and expenses of sale (including trustee's fees), exceeds that fair market value, and, not counting interest after the sale, it can never exceed the debt (including sale costs) minus the sale price. However, if you truly owe more than the property is worth, a deficiency judgment is still possible. Negotiate a deficiency waiver in any workout agreement, or consult a bankruptcy attorney. Nebraska requires fair market value credit on deficiency judgments after non-judicial foreclosure. Under § 76-1013, the deficiency is limited to the difference between the debt and the higher of the sale price or the fair market value. This means if the property is worth $200,000 but sells at auction for $150,000, the deficiency is calculated against the $200,000 FMV, not the $150,000 sale price. This is a strong borrower protection.
What is the homestead exemption in Nebraska?
As Nebraska law sets it: $120,000. Protects a homestead of up to $120,000 in value (the house you live in and its land: up to 160 acres outside a city or village, or up to two lots inside one) from judgment liens and forced sale. Does not stop mortgage or deed of trust foreclosure. Nebraska's $120,000 homestead exemption provides moderate protection. It is relevant if a deficiency judgment is pursued — the exemption protects home equity (in a future home) from general creditors. Nebraska's housing costs are relatively low compared to coastal states, so $120,000 provides meaningful coverage for many homeowners. The exemption must be claimed (filed) in bankruptcy but is automatic against judgment creditors outside bankruptcy.
What if I have an FHA, VA, or USDA loan in Nebraska?
Government-backed loans have their own rules on top of Nebraska law. FHA requires a meeting or reasonable efforts to arrange one in covered defaults. Current rules allow approved remote methods; exceptions and timing requirements apply. VA and USDA set their own help options; the forbearance guide and loan modification guide explain each program's options.
How long do I have to move out after a foreclosure sale in Nebraska?
Deed delivered once the bid is paid; in an eviction case, trial on possession is held 10 to 14 days after the summons is issued. After the trustee's sale, the purchaser may file for eviction to obtain a writ of restitution. The federal Protecting Tenants at Foreclosure Act provides 90-day notice to bona fide tenants, and bona fide tenants with leases can generally stay until the lease ends. Former owner-occupants must vacate upon demand or face eviction proceedings. There is no redemption after a trustee's sale, but a forcible entry and detainer action for possession can start only after a written notice to leave has been served at least three days earlier (Neb. Rev. Stat. § 25-21,221).
What happens to tenants if my Nebraska home is foreclosed?
The federal Protecting Tenants at Foreclosure Act requires the new owner after a foreclosure to give bona fide tenants 90 days' notice before eviction, and to let bona fide tenants with leases stay until the end of the lease, except that the lease can be ended on 90 days' notice if the unit is sold to a buyer who will live there. Nebraska's Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. § 76-1401 et seq.) also governs eviction procedures. Tenants in foreclosed properties should assert both federal and state protections.
Can I claim surplus funds after a foreclosure sale in Nebraska?
Possibly. If a foreclosure sale brings in more than is owed, the extra is called surplus. The costs of the sale, the debt being foreclosed and other liens on the home, such as a second mortgage, are generally paid first. In Nebraska: Surplus proceeds from the trustee's sale (above the debt and costs) are distributed to junior lienholders in priority order, then any remaining balance to the person or persons legally entitled to it (Neb. Rev. Stat. § 76-1011). Attorney's fees and costs the trustee incurs in distributing the proceeds are deducted before junior lienholders or anyone else are paid. The court, county clerk or trustee who handled the sale can tell you whether any surplus is being held.
Is the Homeowner Assistance Fund still available in Nebraska?
Generally, no. HAF programs, including the Nebraska HAF / Nebraska Homeowner Assistance Fund, couldn't commit new money after September 30, 2026 (Treasury). If the program approved you before then, ask it about payments still being processed.
Can I do a short sale to avoid foreclosure in Nebraska?
Possibly, with your lender's approval. In Nebraska, a deficiency waiver (a release of the remaining balance) can be negotiated as part of a short sale approval. Short sales require servicer approval. Nebraska's fair market value credit and 3-month deadline for a deficiency suit apply after a trustee's sale (Neb. Rev. Stat. § 76-1013), not to a short sale. Negotiate a written deficiency waiver as part of any short sale agreement.
Other Nebraska laws that can affect homeowners
State laws can change. Each entry links to the cited source and shows when that source was fetched.
A party or recorder with one party's prior consent may intercept unless acting for criminal or tortious purpose.
“one of the parties to the communication has given prior consent”
State foreclosure-rescue and mortgage-help laws
The Nebraska Foreclosure Protection Act covers listed foreclosure-relief services when provided for compensation from the homeowner or loan/advance proceeds. It requires a signed, initialed, notarized written contract at least 24 hours before execution, service and total-compensation terms, statutory notices, and cancellation rights; exemptions include specified regulated, licensed, legal, and nonprofit actors.
“in exchange for compensation from the homeowner or from the proceeds of any loan or advance of funds”
Foreclosure laws in another state
The process and the deadlines change at every state line.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Protect yourself from scams
The FTC and CFPB describe these warning signs and the rules behind them:
- Upfront fees for promised relief are a warning sign. Under FTC mortgage-assistance rules, most companies that sell mortgage help cannot charge until a homeowner accepts a written offer from the mortgage company or lender. A separate FTC rule covers debt-relief companies that sell by phone and ties fees to a completed debt arrangement. It bars a fee until at least one debt has been settled or changed, the customer agrees to the arrangement, and the customer has made a payment under it. The FTC describes a narrow exception for lawyers who give help as part of the practice of law and are licensed in the state where the client or dwelling is. The lawyer follows that state's rules for attorneys, and advance fees are placed in a client trust account before services begin under state trust-account rules.
- HUD-approved foreclosure-prevention counseling is free. HUD’s national counselor line is 800-569-4287. The CFPB counselor finder lists agencies and their services. If an organization charges for help described as free HUD counseling, the CFPB finder can verify the agency and its listed services before any payment.
- A request to sign over a deed is a warning sign. The CFPB identifies title-transfer schemes among foreclosure-relief scams. Signing over title can mean losing ownership of the home; a lawyer can explain what a proposed document would do.
- Foreclosure protections depend on timing and the loan. Regulation X generally bars the first foreclosure notice or filing on a principal-residence loan until the borrower is more than 120 days behind, subject to exceptions. A complete assistance application can delay some foreclosure steps, but that depends on when it arrives; it does not necessarily stop every step. The CFPB warns about promises to “save” a home.
Free help in Nebraska
Nebraska has 6 HUD-approved housing counseling agencies
The 6 whose HUD listing includes foreclosure or mortgage delinquency counseling, one dot per office, as of Nov 4, 2026. The listing below names them all.
- A HUD-approved housing counselor works at a nonprofit agency the U.S. Department of Housing and Urban Development has approved. Foreclosure counseling from one is free, and a counselor can help you talk to your mortgage company. HUD lists 6 approved agencies in Nebraska. HUD's line is 800-569-4287.
- Legal aid offices give free legal help to people with low incomes, including answering a foreclosure case. Each office serves set counties; find yours:
- Legal Aid of Nebraska, 877-250-2016: all of Nebraska.
- A lawyer referral: the Nebraska State Bar Association — Find a Lawyer can point you to a foreclosure lawyer.
- A complaint about your mortgage company can go to the federal Consumer Financial Protection Bureau.
HUD-approved housing counselors in Nebraska, by city (6)
- Family Housing Advisory Services, Incorporate, Bellevue · 402-934-6750 · Website HUD-approved housing counselor · Languages: English, Spanish
- High Plains Community Development Corporation, Chadron · 308-432-4346 HUD-approved housing counselor
- Credit Advisors Foundation, Omaha · 402-514-3340 · Website HUD-approved housing counselor · Languages: English, Korean, Other, Spanish
All 6 agencies
- Credit Advisors Foundation, Omaha · 402-393-3100 · Website HUD-approved housing counselor · Languages: English, Korean, Other, Spanish
- Family Housing Advisory Services, Inc., Omaha · 402-934-6741 HUD-approved housing counselor
- Credit Advisors Foundation, Omaha · 877-677-5779 · Website HUD-approved housing counselor · Languages: English, Korean, Other, Spanish
Legal aid offices in Nebraska (1)
- Legal Aid of Nebraska · 402-348-1069 · Website Legal aid
Listings come from the HUD Housing Counselor API and the Legal Services Corporation grantee list, as of Nov 4, 2026. American Default Research does not endorse or rank any provider. Credit counselors and other kinds of free help are in our help directory.
Sources and method
A summary of foreclosure law and practice in Nebraska, read from its laws and the federal servicing rules and checked Mar 10, 2026. It isn't legal advice: your mortgage sets specific terms, and courts and counties vary. For your situation, talk to a HUD-approved counselor, legal aid or a lawyer.
- 12 CFR 1024.41; Neb. Rev. Stat. § 76-1005: You fall behind on payments, at consumerfinance.gov
- Neb. Rev. Stat. § 76-1006; § 76-1008; § 76-1012: You get a notice of default, at nebraskalegislature.gov
- Neb. Rev. Stat. § 76-1006; § 76-1007; § 76-1008: The sale is advertised, at nebraskalegislature.gov
- Neb. Rev. Stat. § 76-1007 to § 76-1011 · The home is sold at auction, at nebraskalegislature.gov
- Neb. Rev. Stat. § 76-1010; § 76-1013; § 25-21,223; 12 U.S.C. 5220 (PTFA): You may be asked to leave, at nebraskalegislature.gov
- Neb. Rev. Stat. §§ 76-1012, 76-1006, at nebraskalegislature.gov
- Neb. Rev. Stat. §§ 76-1010, 25-1530, at nebraskalegislature.gov
- Nebraska Investment Finance Authority (NIFA), at nifa.org
- Nebraska HUD-Approved Housing Counseling, at hud.gov
- Legal Aid of Nebraska, at legalaidofnebraska.org
- Regulation X, 12 C.F.R. § 1024.39, at consumerfinance.gov
- 11 U.S.C. § 362, the automatic stay, at law.cornell.edu
- Federal Reserve Bank of Philadelphia, Consumer Credit Explorer; data sourced from NY Fed Consumer Credit Panel / Equifax. at philadelphiafed.org
- Neb. Rev. Stat. § 76-1013, at nebraskalegislature.gov
- Neb. Rev. Stat. § 40-101 et seq. at nebraskalegislature.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.