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Nebraska law

Real Estate Laws in Nebraska.

Nebraska real estate practice covers deeds, title, residential seller disclosures, homestead, and foreclosure. Nebraska is a lien-theory state but permits both judicial foreclosure of mortgages and nonjudicial foreclosure via the Nebraska Trust Deeds Act. Trust deeds with power of sale permit nonjudicial foreclosure, typically completing 60+ days after notice. Nebraska offers generous homestead protection ($120,000 as of 2024 LB1195). Seller's property condition disclosure is required by state statute. Property taxes are administered locally with state-equalized valuation.

Last verified: 2026-04-17

State law

Key Nebraska Statutes

Nebraska Trust Deeds ActNeb. Rev. Stat. § 76-1001 et seq.

Permits nonjudicial foreclosure of deeds of trust with power-of-sale provisions. Notice of default must be recorded; sale proceeds after a minimum 2-month period.

Judicial Mortgage ForeclosureNeb. Rev. Stat. § 25-2138 et seq.

Traditional mortgages require judicial foreclosure. After confirmation of sale, a 9-month post-sale redemption period applies (for natural persons as borrowers), making judicial foreclosure significantly slower than nonjudicial trust-deed foreclosure.

Seller Property Condition DisclosureNeb. Rev. Stat. § 76-2,120

Sellers of residential property (1–4 units) must provide a written Seller's Property Condition Disclosure Statement covering known defects in structure, systems, and property conditions before the buyer is obligated.

Mechanics' Liens (Nebraska Construction Lien Act)Neb. Rev. Stat. § 52-125 et seq.

Contractors, subcontractors, laborers, and suppliers may file liens against improved real property. Filing deadline: 120 days from last furnishing (90 for residential protected parties).

Recording Priority (Race-Notice)Neb. Rev. Stat. § 76-238

Nebraska is a race-notice state: a subsequent bona fide purchaser for value without notice who records first prevails over an earlier unrecorded conveyance.

Homestead ExemptionNeb. Rev. Stat. § 40-101

Homestead protects up to $120,000 of equity (increased from $60,000 by LB1195, 2024). Two-lot limit in city; 160 acres elsewhere.

Property TaxNeb. Rev. Stat. §§ 77-101 et seq.

Residential real property assessed at 100% of actual value. Agricultural land assessed at 75%. State-equalized valuation with local millage.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Nebraska.

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