Nebraska § 77-1909 Foreclosure proceedings; decree; contents; attorney's fees

Nebraska Statutes

§ 77-1909 — Foreclosure proceedings; decree; contents; attorney's fees

Nebraska § 77-1909

Ch. 77Revenue and Taxation

This text of Nebraska § 77-1909 (Foreclosure proceedings; decree; contents; attorney's fees) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 77-1909 (2026).

Text

In its decree, the court shall ascertain and determine the amount of taxes, special assessments, and other liens, interest, and costs chargeable to each particular item of real property, excluding any lien on real estate for special assessments levied by any sanitary and improvement district which special assessments have not been previously offered for sale by the county treasurer, and award to the plaintiff an attorney's fee, unless waived by the plaintiff, in an amount equal to ten percent of the amount due plus, for good cause shown, reasonable attorney's fees in excess of the ten percent, which shall be taxed as part of the costs in the action and apportioned equitably as other costs.

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In its decree, the court shall ascertain and determine the amount of taxes, special assessments, and other liens, interest, and costs chargeable to each particular item of real property, excluding any lien on real estate for special assessments levied by any sanitary and improvement district which special assessments have not been previously offered for sale by the county treasurer, and award to the plaintiff an attorney's fee, unless waived by the plaintiff, in an amount equal to ten percent of the amount due plus, for good cause shown, reasonable attorney's fees in excess of the ten percent, which shall be taxed as part of the costs in the action and apportioned equitably as other costs.

Legislative History

Source: Laws 1943, c. 176, § 9, p. 616; R.S.1943, § 77-1909; Laws 1992, LB 1063, § 171; Laws 1992, Second Spec. Sess., LB 1, § 144; Laws 2011, LB423, § 3; Laws 2025, LB650, § 35. Operative Date: May 7, 2025 Annotations: Interest and costs are to be included in awarding an attorney fee pursuant to this section. The award of attorney fees is to be made in the decree of foreclosure, not in the order confirming the sale. Buffalo County v. Kizzier, 250 Neb. 247, 548 N.W.2d 753 (1996).