State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-1326

25-1326. Judicial sale;conveyance of land by mastercommissioner; whenallowed; postponement of sale;notice.(1) Real property may be conveyed by a master commissioner when (a) byan order or judgment in an action or a proceeding a party is ordered to convey such propertyto another and he or she neglects or refuses tocomply with such order or judgment or (b) specificreal property is required to be sold under an order or judgment of the court.(2) A mastercommissioner may, for any cause he or she deems expedient, postpone the saleof all or any portion of the real property from time to time until it is completed,and in every such case, notice of postponement shall be given by public declarationthereof by such master commissioner at the time and place last appointed forthe sale. The public declaration of the notice of postponement shall includethe new date, time, and place of sale. No other notice of the postponed saleneed be given unless the sale is postponed for longer than forty-five daysbeyond the day designated in the notice of sale, in which event the noticethereof shall be given in the same manner as the original notice of sale isrequired to be given. SourceR.S.1867, Code § 451, p. 468; R.S.1913, § 8019; C.S.1922, § 8960; C.S.1929, § 20-1326; R.S.1943, § 25-1326; Laws 2010, LB732, § 1.Effective Date: July 15, 2010AnnotationsCommissioner need not take oath; may administer oath to appraisers. George v. Keniston, 57 Neb. 313, 77 N.W. 772 (1899).Person designated by court to execute decree of foreclosure is a master commissioner. Northwestern Mutual Life Ins. Co. v. Mulvihill, 53 Neb. 538, 74 N.W. 78 (1898).Appointment of commissioner instead of sheriff to make sale of real estate rests in discretion of trial court. American Investment Co. v. Nye, 40 Neb. 720, 59 N.W. 355 (1894).Court may appoint sheriff or other person to conduct sale under mortgage foreclosure. State ex rel. Elliott v. Holliday, 35 Neb. 327, 53 N.W. 142 (1892).This section applies to all sales of real estate under process of court. McKeighan v. Hopkins, 14 Neb. 361, 15 N.W. 711 (1883).