§ 25-2142.Complaint for foreclosure or satisfaction; allegations; complainant; designate person to receive notices; when.
Article 21: Special Proceedings and Actions · Last amended 2015 · Last verified July 22, 2026
Full Text of § 25-2142
Source
R.S.1867, Code § 850, p. 543; R.S.1913, § 8259; C.S.1922, § 9212; C.S.1929, § 20-2144; R.S.1943, § 25-2142; Laws 2002, LB 876, § 36; Laws 2015, LB151, § 1.
Plain-English Summary
Section 25-2142 combines two distinct disclosure duties. Under subsection (1), whoever files a complaint for the foreclosure or satisfaction of a mortgage must state in that complaint whether any proceedings have been had at law to recover the debt, and whether that debt, or any part of it, has already been collected or paid. That disclosure keeps a court from foreclosing a mortgage without knowing whether the underlying debt has already been pursued or satisfied elsewhere.
Subsection (2) addresses a different problem entirely: who takes responsibility for code-violation notices on a mortgaged property caught in the foreclosure process. Once an incorporated city or village with jurisdiction over the property sends a written request, the complainant has five business days to provide the name and address of a person designated to accept ordinance-violation notices on the complainant’s behalf.
The section builds in real limits on that duty. Failing to provide the requested name and address does not void, invalidate, or otherwise affect the foreclosure complaint itself. Naming a contact does not create any duty for the complainant to maintain the property. And the designation ends the moment fee title to the mortgaged property transfers to someone else, so it does not follow the property indefinitely.
Frequently Asked Questions
What must a Nebraska foreclosure complaint disclose about the underlying debt?
Whether any proceedings have been had at law for the debt secured by the mortgage, and whether that debt, or any part of it, has been collected or paid.
Why would a city or village want a designated contact for a property in foreclosure?
To have someone to serve with notices of municipal ordinance violations at the mortgaged property while the foreclosure is underway.
How quickly must the complainant respond to a city’s written request for a designated contact?
Within five business days after receiving the request from a designated representative of the incorporated city or village.
What happens if the complainant does not provide the requested name and address?
Nothing happens to the foreclosure complaint itself — the section says that failure does not void, invalidate, or otherwise affect the complaint.
Does naming a contact for ordinance notices make the complainant responsible for maintaining the property?
No. The section states this subsection does not impose a duty on the complainant to maintain the mortgaged property.
When does the designation of a contact for notices stop applying?
It terminates once fee title ownership of the mortgaged property transfers to someone else.