Inherited property: who signs?
Ask the title company to review the deed and estate or court papers and confirm who needs to sign for this property. The Nebraska Judicial Branch lists a Dodge County Court probate contact; that local contact does not decide venue, title, or signing authority. Talk with a Nebraska attorney about your specific estate situation.
Dodge County Court · Inherited-property questions in Fremont
Nebraska documentary stamp tax
For a deed transfer before January 1, 2032, Nebraska charges $3.32 for each $1,000 of value or part of $1,000. The person signing the deed as grantor owes the tax under state law. The taxable value generally includes the full price paid, including loans the buyer takes over, and the county Register of Deeds collects it when the deed is recorded. Some transfers are exempt.
The Nebraska Department of Revenue’s examples show $332 on a $100,000 transfer and $501.32 on a $150,500 transfer. When you sell to us, we pay the closing costs, including Nebraska's documentary stamp tax. Your mortgage, liens, back taxes and share of current property taxes are separate.
Nebraska documentary stamp tax law · Tax exemptions · Nebraska Department of Revenue calculation examples
If foreclosure has started
Often, yes, you can sell if the sale closes before the foreclosure sale. First check whether the loan uses a trust deed or a mortgage; the steps and dates are different.
With a trust deed, the lender can use a noncourt process. The trustee records a notice of default with the county Register of Deeds. For a payment default before the loan’s original maturity, you can generally cure during the month after that notice is recorded by paying what is due plus allowed costs and fees. Principal due only because the loan was accelerated is excluded; principal already due at maturity is not. Certain farm properties have two months. A later cure before the sale can involve different costs and fees.
After at least one month—or two months for the specified farm properties—the trustee can publish a notice of sale once a week for five weeks. The last notice must be 10 to 30 days before the sale, and a copy must be mailed at least 20 days before it. The trustee sells at public auction and can postpone the sale by announcing the postponement at the sale. Nebraska does not give you a right to buy the house back after a trustee’s sale.
With a mortgage, the lender must go to court and a sheriff or court-appointed officer conducts the sale. Within 20 days after the court’s decree, you can file a written request to delay the sale. The general delay can be nine months. For the residential mortgages covered by the statute, it is three months when the original final payment was more than 20 years after the foreclosure complaint, or six months when it was more than 10 but no more than 20 years after the complaint. You can redeem by paying the court judgment, interest, and costs before the court confirms the sale; after an auction to a buyer other than the plaintiff, the statute also requires interest on that buyer’s purchase price.
If you live in the house and foreclosure has started, Nebraska generally lets you cancel a qualifying contract to sell to a business buyer by midnight of the third business day after signing or noon on the last business day before the sale, whichever comes first. That cancellation right does not apply if you first agree to the purchase on or after the noon deadline.
If a trustee's sale is scheduled, tell us the date right away so we can try to close before it.
Notice of default and cure period · Trustee-sale publication schedule · Mailing the sale notice · Trustee sale and postponement · Trustee’s deed and redemption · Curing a trust-deed default · Delay of a court-ordered sale · Redemption before court confirmation · Equity purchaser rules · Homeowner protections during foreclosure · Right to cancel a qualifying contract