Who needs to sign?
Start with the deed and any estate, trust, or court papers. Ask the title company to identify who must sign for this property. If authority or ownership is unclear or disputed, ask a Nebraska attorney before signing.
Nebraska documentary stamp tax
Nebraska charges documentary stamp tax when a deed transfers real estate, and state law assigns it to the seller signing the deed. For 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. The county Register of Deeds collects the tax when the deed is recorded.
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 statute on the tax and rate · statutory exemptions · Nebraska Department of Revenue calculation example.
Tenants, access, and possession
Bring the lease, who lives in the house, access limits, notices already received, and the possession plan you want considered. Do not assume a sale changes the tenant arrangement or sets a move date; check the actual lease and any court papers.
Nebraska foreclosure: trust deed or mortgage?
Often, yes, if you can close before the foreclosure sale. First check whether the loan is secured by a trust deed or a mortgage; Nebraska uses different procedures for each. With a trust deed, the lender can use a process outside court. 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 trustee records a notice of default with the county Register of Deeds. For one month after it 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. Principal due only because of acceleration is excluded; principal already due at maturity is not. Certain farm properties have two months. 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 a sale notice once a week for five weeks, with the last notice 10 to 30 days before the sale, and must mail you a copy at least 20 days before it. The trustee sells at public auction and can postpone the sale by announcing it there. Nebraska gives no right to redeem the home 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 the sale; the delay can be nine months. For covered residential mortgages, the delay 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 covered contract to sell to a business buyer until 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 and get advice about the contract and deadline that apply to you.
Nebraska statutes: notice of default and cure period · published sale notices · mailed sale notice · public auction and postponement · trustee's deed and redemption · reinstatement · court-ordered sale delay · redemption before confirmation · equity purchasers · residence in foreclosure · homeowner's right to cancel.