If, after a decree for sale, entered against a defendant in such case, he shall bring into court the principal and interest due, with costs, the proceedings in the suit shall be stayed, but the court shall enter a decree of foreclosure and sale, to be enforced by a further order of the court, upon a subsequent default in the payment of any portion or installment of the principal, or any interest thereafter to grow due.
§ 25-2149.Payment by defendant of sums due; stay; decree.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section stays foreclosure proceedings, without dismissing them, when a defendant pays the principal and interest due plus costs after a decree for sale has already been entered, though the court still enters a decree that stands ready for enforcement if the defendant defaults again.
Full Text of § 25-2149
Source
R.S.1867, Code § 857, p. 544; R.S.1913, § 8266; C.S.1922, § 9219; C.S.1929, § 20-2151; R.S.1943, § 25-2149.
Plain-English Summary
Section 25-2149 picks up where 25-2148 leaves off. That section lets a defendant avoid a decree entirely by paying what is due before one is entered. This section addresses what happens if the defendant pays after a decree for sale is already on the books: if the defendant brings into court the principal and interest due, with costs, the proceedings in the suit are stayed.
Staying the proceedings does not erase the decree. The court still enters a decree of foreclosure and sale, but that decree sits ready to be enforced by a further order of the court if the defendant later defaults again — whether on a subsequent installment of principal or on interest that comes due afterward. The decree functions as ongoing security for the mortgage rather than as a one-time judgment that disappears once the current default is cured.
Frequently Asked Questions
Can a defendant still cure a default after a decree for sale has been entered?
Yes. Bringing the principal and interest due, with costs, into court stays the proceedings, though it does not cancel the decree.
Does paying after the decree cancel the decree entirely?
No. The court still enters a decree of foreclosure and sale; the payment stays enforcement of that decree rather than erasing it.
What happens if the defendant misses another payment later?
The court can enforce the existing decree by a further order upon that subsequent default.
How is this different from the dismissal available under 25-2148?
Section 25-2148 dismisses the complaint outright when payment comes in before a decree is entered; this section only stays enforcement after a decree, leaving the decree in place as ongoing security.
Does the stayed decree also cover future installments that have not yet come due?
Yes. It stands ready to be enforced for any later default in principal installments or interest that grows due afterward.
Who starts enforcement after a later default?
Enforcement proceeds by a further order of the court, not automatically.
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
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