Wednesday, September 8, 2010

Finding Foreclosure Help in Nebraska

Finding Foreclosure Help in Nebraska

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Omaha Field Office

Edward Zorinsky Federal Building
Suite 329
1616 Capitol Avenue
Omaha, NE 68102-4908

Phone: (402) 492-3100

Fax: (402) 492-3150

TTY: (402) 492-3183

Jurisdiction: State of Nebraska

Clifton E. Jones
Field Office Director

Office Hours: 8:00 a.m. to 5:00 p.m.,
Monday through Friday

Nebraska Foreclosure Laws Summary

Quick Facts:

Judicial foreclosure process is available.
Non-judicial foreclosure process is not available.
The primary security instruments are mortgages.
The timeline can vary by process, which typically takes 180 days.
The borrower has rights of redemption.
The lender may not sue for deficiency judgements.
The judicial process is the only foreclosure process available in the State of Nebraska.

Judicial Foreclosure
The lender must file a court order to foreclose. Once the court finds that the borrower is in default, it sets a specific time period for the borrower to pay the balance that he owes. If he is unable to pay within the given time period, the property will be put up for sale.

In Nebraska, a property may be sold entirely or just a portion of it. Once the sale is approved, the borrower may still postpone the sale up to 9 months by submitting a request to delay the foreclosure. This must be done within 20 days after the court has ordered the sale to proceed.

If the suit is still being processed by the court, the borrower can stop the foreclosure process by paying the balance that he owes, plus interest and other costs that have been incurred during the entire foreclosure process. But if any problems still arise in the future, the foreclosure process can still be continued. Once the sale has been confirmed by the court, the borrower cannot reclaim the property anymore.

The sale must be announced to the public through 3 ways:

By posting a notice of sale on the courthouse door.
Posting the same notice of sale in 5 other public places around the county.
Publishing the notice of sale in the newspaper for 4 weeks.

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