State Codes and Statutes

Statutes > Nebraska > Chapter77 > 77-1912

77-1912. Foreclosure proceedings;sheriff's sale; political subdivision as purchaser; postponement of sale; notice.(1) Thesheriff shall sell the real property in the same manner provided by law fora sale on execution and shall at once pay the proceeds thereof to the clerkof the district court. Any governmental subdivision of the state, municipalcorporation, or drainage or irrigation district to which any part of the taxesincluded in the decree of foreclosure is due may purchase any real propertysold at sheriff's sale. The provisions of the law for the protection of thepurchasers at tax sales shall apply to purchasers at foreclosure sales providedfor in this section. The sheriff or officer conducting the sale shall notbe entitled to any commission on the money received and paid out on foreclosuresales provided for herein.(2) The sheriffor officer conducting the sale may, for any cause he or she deems expedient,postpone the sale of all or any portion of the real property from time totime until it is completed, and in every such case, notice of postponementshall be given by public declaration thereof by the sheriff or officer atthe time and place last appointed for the sale. The public declaration ofthe notice of postponement shall include the new date, time, and place ofsale. No other notice of the postponed sale need be given unless the saleis postponed for longer than forty-five days beyond the day designated inthe notice of sale, in which event notice shall be given in the same manneras the original notice of sale is required to be given. SourceLaws 1943, c. 176, § 12, p. 617; R.S.1943, § 77-1912; Laws 1992, LB 1063, § 174; Laws 1992, Second Spec. Sess., LB 1, § 147; Laws 2010, LB732, § 5.Effective Date: July 15, 2010AnnotationsThe sheriff is required to collect the entire price bid at the judicial sale, not merely a percentage thereof. Buffalo County v. Kizzier, 250 Neb. 247, 548 N.W.2d 753 (1996).As a general rule, property which is susceptible of being sold at a foreclosure sale in separate tracts should, if practicable, be sold in parcels, rather than as an entirety. It is within the discretion of the trial court to provide in a decree of foreclosure for the sale of property en masse, and such a sale will be sustained absent a showing of prejudice. Where the record does not show that the judgment debtor requested that the land be sold in separate tracts, he is not entitled as a matter of right to have the sale set aside because the land was sold en masse. County of Dakota v. Mallett, 235 Neb. 82, 453 N.W.2d 594 (1990).Interest on money received by sheriff on bids at tax foreclosure sale belongs to beneficial owners of fund and not to clerk of district court. Bordy v. Smith, 150 Neb. 272, 34 N.W.2d 331 (1948).