§ 76-1905 — Priority of liens

For so long as any mortgage or trust deed described in section 76-1904 remains a lien upon the real estate, the designation of homestead, the reservation of the right to make a designation of homestead, or a waiver or disclaimer of the right to make a designation of homestead made in accordance with section 76-1904 shall be binding upon the parties to such instrument and their successors in interest and upon any other interest in the real estate which is junior in priority to the priority of the lien created by such mortgage or trust deed. Except as provided in sections 76-1912 and 76-1913 , no designation of homestead shall have any force or effect if any mortgage or trust deed executed or a judgment rendered prior to November 21, 1986, remains a lien upon the real estate and is senior in priority to the instrument in which a designation of homestead, reservation of the right to make a designation of homestead, or a waiver or disclaimer of the right to make a designation of homestead is made.

Legislative History

Source: Laws 1986, Third Spec. Sess., LB 3, § 5.