Who needs to sign?
Start with the recorded deed and any trust, estate or court papers. Ask the title company, the court handling the matter or an attorney to confirm which owners or representatives must sign and what documents they need for this property. Do not assume an heir can sign for an estate without the required authority.
Hastings inherited-property questions · Hastings probate information
Nebraska documentary stamp tax
Nebraska generally charges documentary stamp tax when a deed transfers real estate. The seller—the person signing the deed, called the grantor in the statute—generally owes $3.32 for each $1,000 of value or part of $1,000 for transfers before January 1, 2032. Some transfers are exempt.
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.
A tenant lives in the house
We can review a tenant-occupied property. Share the lease status, who lives there, access limits and any notices already involved. Check the lease and get advice about property-specific possession or notice questions before setting a move-out or showing plan.
Hastings tenant-occupied property guide
If foreclosure has started
Often, yes, if you close before the foreclosure sale. Nebraska uses different procedures for a trust deed and a mortgage; follow the notice for your property and check the dates with the lender, trustee, court or an attorney.
With a trust deed, the lender can use a trustee process without first going to court. For one month after the notice of default is recorded, you can generally bring a payment default current before the loan's original maturity by paying what is due plus allowed costs and fees. Certain farm properties have two months. Principal due only because of acceleration is excluded; principal already due at maturity is not. A later cure before sale can involve different allowed 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 publication is 10 to 30 days before the sale, and the trustee must mail you a copy at least 20 days before it. The trustee sells at public auction and can postpone the sale by announcement there. You do not have a right to buy the house back after a trustee's sale.
A mortgage foreclosure goes through court, with a sheriff or court-appointed officer holding the sale. Within 20 days after the court's decree, you can file a written request to delay it. The delay can be nine months; for covered residential mortgages, it is three months when the original final payment was more than 20 years after the foreclosure complaint was filed, or six months when it was more than 10 but no more than 20 years after filing. You can redeem by paying the court judgment, interest and costs before the court confirms the sale. After an auction to a buyer who is not 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 contract to sell to a business buyer if it is covered by the Nebraska Foreclosure Protection Act. The deadline is generally midnight on the third business day after signing or noon on the last business day before the sale, whichever comes first. The Act gives no cancellation right if you first agree to the purchase on or after that noon deadline.
If a trustee's sale is scheduled, tell us the date right away so we can try to close before it.
Read the Hastings foreclosure guide