1. A copy of the RECORDED Mortgage
2. A copy of the Note
3. A copy of the RECORDED Assignment if Applicable
4. Breakdown of Arrearages, i.e. date delinquency started, monthly payment, monthly late charges and any other costs that have been paid, i.e. taxes, insurance, inspections, etc.

In Nebraska, a trust deed may be foreclosed by trustee’s sale or by judicial foreclosure. Because it is more expeditious, a trustee’s sale is the normal method of foreclosure. Generally, a mortgage, as opposed to a deed of trust, must be judicially foreclosed.

A trustee’s sale usually begins with the law firm being designated as trustee. Based on the foreclosure report, all interested parties are notified of the sale by publication, mailing, and recording in the real estate records. The means of notice is a written notice of trustee’s sale which must contain a statement of the reasons for the foreclosure, the amount of delinquent principal and interest, and that there is a statutory right to reinstate.

Nebraska is a two- notice state: a thirty (30) day Notice of Default followed by a ninety (90) day Sale Notice. There is a statutory right to cure, which must be exercised before sale.

A trustee’s foreclosure sale may only be continued for one day. After a trustee’s sale, there is no right of redemption, except as may be provided by federal law. (e.g. IRS liens)
After a judicial foreclosure sale, prior to a court order confirming the sale (generally obtained within thirty days of the sale), any liable party may redeem.

Deficiencies are permitted in Nebraska. If the foreclosure was a trustee’s sale, the deficiency suit must be filed within ninety (90) days of the foreclosure sale. If the foreclosure sale was a judicial sale, the deficiency is obtained as part of that process.

* Cannot postpone more than 24 hours after original sale date.
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Important Notice
Kleinsmith & Associates, P.C. operates within Fannie Mae fee schedules and timelines and will provide the same coverage as a “FNMA Network Certified” law firm. Should any loss or damage occur as a result of a mistake by our firm during the foreclosure process, which we cannot rectify, Kleinsmith & Associates, P.C. will indemnify the servicer against any loss or damage.