Who needs to sign?
Start with the recorded deed and any trust, estate, or court papers. The title company can identify which owners or representatives must sign for this property. If authority is unclear or disputed, ask a Nebraska attorney before signing.
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Nebraska documentary stamp tax
Nebraska charges documentary stamp tax when a deed transfers real estate. State law assigns it to the seller—the person signing the deed. For taxable transfers before January 1, 2032, the rate is $3.32 for each $1,000 of value or part of $1,000; after that, it is set to drop to $2.32. Value is generally the full price paid, including any loans the buyer takes over. A $100,000 transfer has $332 in tax, and a $150,500 transfer has $501.32. The county Register of Deeds collects the tax when the deed is recorded. Some transfers are exempt, including certain no-payment transfers between family members and a personal representative's deed distributing property to heirs.
When you sell to us, we pay the closing costs, including Nebraska's documentary stamp tax. Your mortgage, liens, back taxes and your share of current property taxes are separate.
Someone lives in the house
Share who lives there, any lease or occupancy details, access limits, notices, and the possession plan you want considered. If a lease or legal notice affects timing or possession, have a Nebraska attorney review the actual papers before setting dates.
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If foreclosure has started
Often, yes, you can still sell if closing happens before the foreclosure sale. First check whether the loan is secured by a trust deed or a mortgage; Nebraska uses different processes for each. If a trustee's sale is scheduled, tell us the date right away so we can try to close before it.
With a trust deed, the lender can use a trustee's sale without first going to court. The trustee records a notice of default with the county Register of Deeds. For one month after the notice is recorded, you can generally cure a payment default 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, but principal already due at maturity is not. A later cure before the 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 the sale notice once a week for five weeks. The final notice must be 10 to 30 days before the sale, and a copy must be mailed at least 20 days before. The trustee sells at public auction and can postpone the sale by announcing it there. There is no 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 holds 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 residential mortgages covered by the statute, 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 it to a business buyer. For a contract covered by the Nebraska Foreclosure Protection Act, the deadline is midnight of 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. Check the actual notice, contract, and sale record for the dates that apply to you.
Nebraska Legislature: Neb. Rev. Stat. § 76-1006 — notice of default and initial waiting period · § 76-1007 — publication of trustee-sale notice · § 76-1008 — mailed notice of trustee sale · § 76-1009 — public auction and postponement · § 76-1010 — trustee deed and post-sale redemption · § 76-1012 — reinstatement after notice of default · § 25-1506 — request to delay a court-ordered sale · § 25-1530 — redemption before court confirmation · § 76-2706 — equity purchaser definition · § 76-2712 — residence in foreclosure · § 76-2721 — homeowner cancellation right and deadline
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