If such surplus, or any part thereof, shall remain in the court for the term of three months without being applied for, the court may direct the same to be put out at interest under the direction of the court for the benefit of the defendant, his representative or assigns, to be paid to them by the order of such court.
§ 25-2147.Sale; proceeds; surplus; disposition.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a court put an unclaimed foreclosure-sale surplus out at interest for the benefit of the defendant or his representatives or assigns once three months pass without anyone applying for it, to be paid out later under the court’s direction.
Full Text of § 25-2147
Source
R.S.1867, Code § 855, p. 543; R.S.1913, § 8264; C.S.1922, § 9217; C.S.1929, § 20-2149; R.S.1943, § 25-2147.
Plain-English Summary
Section 25-2147 picks up where 25-2146 leaves off. Once a surplus from a foreclosure sale sits in court, and three months pass without anyone applying for it, the court may direct that surplus, or whatever part of it remains unclaimed, to be put out at interest under the court’s own direction.
The point is to keep an unclaimed surplus from sitting idle. Interest earned benefits the defendant, or the defendant’s representative or assigns, and gets paid to them by order of the court once someone comes forward or the court otherwise directs distribution. The word “may” leaves the decision to invest at the court’s discretion rather than making it automatic.
Frequently Asked Questions
What happens to a foreclosure sale surplus that nobody claims?
After three months without anyone applying for it, the court may direct the unclaimed surplus to be put out at interest under the court’s direction.
Who benefits from interest earned on an unclaimed surplus?
The defendant, or the defendant’s representative or assigns.
Is the court required to invest an unclaimed surplus after three months?
No. The section uses “may,” making it the court’s option rather than an automatic requirement.
How is the invested surplus eventually paid out?
To the defendant, or the defendant’s representative or assigns, by order of the court.
When does the three-month period start running?
It runs from the surplus remaining in court unapplied for, which follows the sale proceeds being brought into court under 25-2146.
Does this section apply to the whole surplus or just part of it?
Either. It applies to the surplus, or any part of it, that remains unclaimed for the three-month term.
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: unclaimed foreclosure surplus nebraska interestthree month rule mortgage surplus fundsinvesting leftover foreclosure sale proceedssurplus paid to defendant or assignscourt holds unclaimed foreclosure money