Whenever a complaint is filed for the satisfaction or foreclosure of any mortgage, upon which there is due any interest on any portion or installment of the principal, and there are other portions or installments to become due subsequently, the complaint shall be dismissed upon the defendant's bringing into court, at any time before the decree of sale, the principal and interest due, with costs.
§ 25-2148.Payment by defendant of sums due; effect.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section dismisses a foreclosure complaint over an installment mortgage, one with some interest or principal already due and more not yet due, if the defendant brings the principal and interest currently owed, plus costs, into court any time before the decree of sale.
Full Text of § 25-2148
Source
R.S.1867, Code § 856, p. 544; R.S.1913, § 8265; C.S.1922, § 9218; C.S.1929, § 20-2150; R.S.1943, § 25-2148; Laws 2002, LB 876, § 38.
Plain-English Summary
Section 25-2148 gives a borrower on an installment mortgage a way out before a decree of sale ever enters. It applies where a complaint is filed for satisfaction or foreclosure of a mortgage on which some interest, or some portion or installment of the principal, is currently due, while other portions or installments are not due yet.
In that setting, the complaint must be dismissed once the defendant brings into court, at any time before the decree of sale, the principal and interest currently due, along with costs. The borrower does not have to pay off the entire remaining mortgage balance to stop this foreclosure — only what has come due so far, plus the costs incurred.
This section is the pre-decree cure. Once a decree for sale has already been entered, a different rule, 25-2149, governs what a similar payment accomplishes: a stay of proceedings rather than outright dismissal.
Frequently Asked Questions
Can a Nebraska borrower stop a foreclosure by paying what is currently due?
Yes, on an installment mortgage where some but not all amounts have come due, if the payment with costs is brought into court before the decree of sale.
Does the borrower have to pay off the whole mortgage to stop this foreclosure?
No. Only the principal and interest currently due, plus costs, not the full remaining balance.
What happens to the case once the defendant makes that payment?
The complaint is dismissed.
Does this section apply to every mortgage foreclosure in Nebraska?
It applies specifically where interest is due on a portion or installment of the principal and other installments are still to come due later.
What is the deadline for making this payment?
Any time before the decree of sale. Once a decree is entered, 25-2149 rather than this section governs the effect of payment.
Does paying off the current amount due protect against a later missed installment?
This section addresses dismissal for amounts currently due; a later default would present a new question rather than being resolved by this payment.
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: curing default before foreclosure decree nebraskapaying arrears dismisses foreclosure complaintinstallment mortgage foreclosure cure nebraskastopping foreclosure by paying amount duereinstating a mortgage before decree of sale