Whenever a complaint is filed for the foreclosure or satisfaction of a mortgage, the court has the power to decree a sale of the mortgaged premises, or such part thereof as may be sufficient to discharge the amount due on the mortgage, and the cost of suit.
§ 25-2138.Sale of premises; decree; power of court.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceOnce a foreclosure or mortgage-satisfaction complaint is filed, the court can order the mortgaged property, or only as much of it as needed, sold to cover the amount due on the mortgage and the cost of the lawsuit.
Full Text of § 25-2138
Source
R.S.1867, Code § 846, p. 542; R.S.1913, § 8255; C.S.1922, § 9208; C.S.1929, § 20-2140; R.S.1943, § 25-2138; Laws 2002, LB 876, § 33.
Cross References
For stay of order of sale, see section 25-1506.
Plain-English Summary
Section 25-2138 gives the court authority to decree a sale once a complaint for foreclosure or satisfaction of a mortgage is on file. The court is not required to order the whole property sold; it may decree the sale of the mortgaged premises, or only the part sufficient to discharge the amount due on the mortgage along with the cost of the suit.
That built-in flexibility avoids forcing a larger sale than the debt requires. The proceeds go toward two things: the amount owed under the mortgage and the costs of bringing the suit. A separate provision, section 25-1506, addresses a stay of the order of sale, giving a defendant a possible avenue to delay execution of that sale under the terms set out there.
Frequently Asked Questions
Does the entire mortgaged property have to be sold in a foreclosure case?
No. The court may decree the sale of the whole mortgaged premises or only the part sufficient to discharge the amount due and the cost of suit.
What does the sale proceeds go toward paying?
The amount due on the mortgage and the cost of the lawsuit.
Can a court order a sale of only part of the property?
Yes, as long as that part is sufficient to cover the mortgage debt and the cost of suit.
Is there a way to delay or stay a foreclosure sale?
Section 25-1506 addresses a stay of the order of sale, a separate provision connected to this decree power.
When can a court order a sale under this section?
Whenever a complaint for the foreclosure or satisfaction of a mortgage has been filed.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: court power to order mortgage saleforeclosure sale partial premisessale proceeds pay mortgage debtstay of foreclosure sale nebraskadecree of sale mortgaged property