§ 25-2144.Sale of premises; by whom made; liability and compensation of sheriff; postponement of sale; notice.

Section 25-2144 covers the mechanics of who runs a foreclosure sale and how it can be delayed. Under subsection (1), all sales of mortgaged premises under a decree are made by a sheriff, or another person the court authorizes, in the county where the premises, or some part of them, sit. A sheriff conducting the sale acts in an official capacity, is liable on the official bond for everything done in that role, and is paid the same compensation the law provides for similar services on execution sales — no special or added fee for a foreclosure sale specifically.

Subsection (2) covers postponement. The sheriff or other person conducting the sale can postpone all or part of it, for any reason deemed worthwhile, at any point before the sale is completed. Each postponement is announced publicly at the time and place last set for the sale, and that public announcement must include the new date, time, and place. No further notice is required beyond that public declaration, with one exception: if the sale ends up postponed more than forty-five days past the day named in the original sale notice, notice of the postponed sale must go out the same way the original notice was required to be given.