§ 25-1506.Order of sale of mortgaged premises; how stayed; length of stay.

Section 25-1506 gives a foreclosure defendant a specific path to delay the sale of mortgaged property. If, within twenty days after the decree of foreclosure is entered, the defendant files a written request with the clerk of the court, the order of sale is stayed for nine months. Miss that twenty-day window, and the order of sale can issue as soon as the twenty days expire — the stay is not automatic, and it depends on the defendant asking for it in time.

The section also carries forward two narrower stay periods tied to particular kinds of mortgages executed decades ago. For a mortgage executed after September 28, 1959, covering a lot in a platted subdivision or residential property of three acres or less, where the original loan term ran more than twenty years from the foreclosure filing, the stay is three months instead of nine. For a similar mortgage executed after October 9, 1961, where the original term was more than ten years but not more than twenty, the stay is six months. These shorter, historically dated categories reflect legislative choices made at the time and remain part of the statute’s text even as most modern foreclosures fall under the general nine-month rule.