When a complaint is filed for the satisfaction of a mortgage, the court has the power only to decree and compel the delivery of the possession of the premises to the purchaser thereof.
§ 25-2139.Decree; power of court.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceWhen a lawsuit seeks only the satisfaction of a mortgage rather than its foreclosure, the court’s authority is narrower: it can decree and compel delivery of the property’s possession to the purchaser, and nothing more.
Full Text of § 25-2139
Source
R.S.1867, Code § 847, p. 542; R.S.1913, § 8256; C.S.1922, § 9209; C.S.1929, § 20-2141; Laws 1933, c. 41, § 1, p. 248; C.S.Supp.,1941, § 20-2141; R.S.1943, § 25-2139; Laws 2002, LB 876, § 34.
Plain-English Summary
Sections 25-2137 and 25-2138 speak broadly of complaints for the foreclosure or satisfaction of a mortgage. Section 25-2139 narrows in on the satisfaction complaint specifically and limits what the court can do with it.
When a complaint is filed for the satisfaction of a mortgage, the court’s power reaches only one form of relief: decreeing and compelling the delivery of possession of the premises to the purchaser. If the prior owner or occupant will not leave once a purchaser has bought the property, the court can order possession turned over, but the decree power under this section extends no further than that.
Frequently Asked Questions
What is the difference between a “foreclosure” complaint and a “satisfaction” complaint under these sections?
What can a court order under this section?
The delivery of possession of the mortgaged premises to the purchaser.
Can the court do more than order possession delivered to the purchaser?
No, the section states the court has the power only to decree and compel that delivery of possession.
Who benefits from a decree under this section?
The purchaser of the mortgaged premises, who can obtain possession through the court’s order.
How does this section relate to sections 25-2137 and 25-2138?
It works alongside them, narrowing the court’s power for the specific case of a satisfaction complaint after venue and sale authority are established in those sections.
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: mortgage satisfaction decree nebraskacourt order possession to purchaserdelivery of possession foreclosure salenarrow decree power mortgage satisfactionnebraska mortgage satisfaction complaint