If the mortgage debt is secured by the obligation or other evidence of debt of any other person besides the mortgagor, the complainant may make such person a party to the action.
§ 25-2141.Parties defendant; joinder.
Article 21: Special Proceedings and Actions · Last amended 1933 · Last verified July 22, 2026
In one sentenceThis section lets the party foreclosing a mortgage bring into the lawsuit anyone else obligated on the underlying debt besides the mortgagor, such as a co-signer or guarantor, so the foreclosure and that person’s liability can be addressed in one case.
Full Text of § 25-2141
Source
R.S.1867, Code § 849, p. 543; R.S.1913, § 8258; C.S.1922, § 9211; C.S.1929, § 20-2143; Laws 1933, c. 41, § 2, p. 248; C.S.Supp.,1941, § 20-2143; R.S.1943, § 25-2141.
Plain-English Summary
Section 25-2141 answers a practical question in foreclosure practice: what if someone besides the mortgagor also owes the debt? If the mortgage debt is secured by the obligation or other evidence of debt of any other person besides the mortgagor, the complainant may make that person a party to the action.
The word “may” matters. Joinder under this section is permissive, not required. A lender can choose to bring a co-signer, guarantor, or other obligor into the same foreclosure case, letting one proceeding address both the mortgaged property and that person’s personal obligation, rather than filing a second lawsuit later.
This section covers who can be added to the case; it does not itself address how that person is served or what claims can be asserted against them once joined. Read alongside 25-2140, which limits when a separate action at law on the debt may proceed, this section shows that adding an obligor within the foreclosure itself is a distinct path from bringing an independent lawsuit against them.
Frequently Asked Questions
Who can be added as a defendant in a Nebraska foreclosure case besides the mortgagor?
Anyone whose obligation or other evidence of debt secures the mortgage debt, such as a co-signer or guarantor, may be made a party under section 25-2141.
Is a lender required to join every other obligor in the foreclosure suit?
No. The section says the complainant “may” make such a person a party, making joinder optional rather than mandatory.
Why would a lender want to add a guarantor to the foreclosure case?
It allows the lender to resolve the property claim and the guarantor’s personal liability in a single proceeding instead of filing a separate suit.
Does this section explain how the added party must be served?
No. It addresses who may be joined, not the mechanics of service, which other statutes and rules governing summons and service address.
Does adding another obligor change the mortgagor’s own defenses in the case?
The section does not alter the mortgagor’s position; it allows another person tied to the debt to be brought into the same action.
How does this section relate to the bar on separate debt lawsuits in 25-2140?
They address different things. Joining an obligor within the foreclosure case under 25-2141 is not the same as filing an independent proceeding at law on the debt, which 25-2140 restricts while the foreclosure is pending or decided.
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: joining guarantor in foreclosure lawsuit nebraskaco-signer mortgage foreclosure defendantadding obligor to foreclosure caseparties defendant mortgage foreclosure nebraskasuing guarantor and mortgagor togethernebraska mortgage debt joinder rule