§ 77-1912 — Foreclosure proceedings; sheriff's sale; political subdivision as purchaser; postponement of sale; notice

Nebraska § 77-1912

• Jurisdiction: Nebraska
• Ch. 77: Revenue and Taxation

Text

(1) The
sheriff shall sell the real property in the same manner provided by law for
a sale on execution and shall at once pay the proceeds thereof to the clerk
of the district court. Any governmental subdivision of the state, municipal
corporation, or drainage or irrigation district to which any part of the taxes
included in the decree of foreclosure is due may purchase any real property
sold at sheriff's sale. The provisions of the law for the protection of the
purchasers at tax sales shall apply to purchasers at foreclosure sales provided
for in this section. The sheriff or officer conducting the sale shall not
be entitled to any commission on the money received and paid out on foreclosure
sales provided for herein.
(2) The sheriff
or 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 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 officer 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 shall be given in the same manner
as the original notice of sale is required to be given.

Legislative History

Source: Laws 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. Annotations: The 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).