§ 25-2144 — Sale of premises; by whom made; liability and compensation of sheriff; postponement of sale; notice

Nebraska § 25-2144

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(1) All
sales of mortgaged premises under a decree shall be made by a sheriff or some
other person authorized by the court in the county where the premises or some
part of them are situated.
In all
cases where the sheriff makes such
sale, he or she shall act in his or her official capacity, shall be liable on his or her official bond for all
his or her acts
therein, and shall
receive the same compensation as is provided by law for like services upon
sales under execution.
(2) The sheriff
or other person 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 to
time until it is completed, and in every such case, notice of postponement
shall be given by public declaration thereof by the sheriff or such other
person at the time and place last appointed for the sale. The public declaration
of the notice of postponement shall include the new date, time, and place
of sale. No other notice of the postponed sale need be given unless the sale
is postponed for longer than forty-five days beyond the day designated in
the notice of sale, in which event notice thereof shall be given in the same
manner as the original notice of sale is required to be given.

Legislative History

Source: R.S.1867, Code § 852, p. 543; Laws 1875, § 1, p. 42; Laws 1899, c. 90, § 1, p. 345; R.S.1913, § 8261; C.S.1922, § 9214; C.S.1929, § 20-2146; R.S.1943, § 25-2144; Laws 2010, LB732, § 3. Annotations: 1. Person designated to hold sale 2. Miscellaneous 1. Person designated to hold sale Objection that special master is incompetent must be made against decree directly and not by motion to vacate sale. Eddy v. Kimerer, 61 Neb. 498, 85 N.W. 540 (1901). Deputy sheriff may conduct sale. Scottish-American Mtg. Co. v. Nye, 58 Neb. 661, 79 N.W. 553 (1899). Master commissioner need not take or file oath; may administer oath to appraisers. George v. Keniston, 57 Neb. 313, 77 N.W. 772 (1899). One designated to hold sale cannot delegate authority; court should not confirm sale. Penn Mut. Life Ins. Co. v. Creighton Theatre Bldg. Co., 54 Neb. 228, 74 N.W. 583 (1898). Decree of foreclosure is sufficient authority to officer to proceed; order of sale is unnecessary. Johnson v. Colby, 52 Neb. 327, 72 N.W. 313 (1897). District court has power to appoint a person other than the sheriff to make sale. Omaha Loan & Trust Co. v. Bertrand, 51 Neb. 508, 70 N.W. 1120 (1897). Foreclosure sale is regarded as a sale by the court itself. Conley v. State, 46 Neb. 187, 64 N.W. 708 (1895). Appointment of some disinterested person to sell is in sound discretion of court. American Inv. Co. v. Nye, 40 Neb. 720, 59 N.W. 355 (1894). Court may appoint special master commissioner. Jones v. Miller, 2 Neb. Unof. 582, 92 N.W. 201 (1902). 2. Miscellaneous Sheriff does not receive additional compensation for services under this section. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967). Where notice of place of sale was given, as at east front door of county courthouse, and it was actually held inside the east front door at top of short flight of stairs, there is substantial compliance with the notice. Bowman v. Caldwell, 135 Neb. 554, 283 N.W. 194 (1939). Sureties are liable for money received by sheriff on mortgage sale. Milligan v. Gallen, 64 Neb. 561, 90 N.W. 541 (1902). Publication of notice of sale is under control of court and not parties. State ex rel. Elliott v. Holliday, 35 Neb. 327, 53 N.W. 142 (1892). Section applies only to mortgage and tax foreclosures. Cochran v. Cochran, 1 Neb. Unof. 508, 95 N.W. 778 (1901). Mortgagor retains legal title and substantial interest in mortgaged premises until confirmation of sale and execution of deed, and may redeem at any time before order of confirmation becomes final. United States Nat. Bank of Omaha v. Pamp, 83 F.2d 493 (8th Cir. 1936).