If, in the case mentioned in section 25-2150, there shall be any default subsequent to such decree in the payment of any portion or installment of the principal, or any interest due upon such mortgage, the court may, upon the complaint of the complainant, by a further order, founded upon such first decree, direct a sale of so much of the mortgaged premises to be made, under such decree, as will be sufficient to satisfy the amount so due, with the costs of such complaint and subsequent proceedings thereon, and the same proceedings may be had as often as a default shall happen.
§ 25-2151.Default in payment of installments subsequent to decree; order of sale.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section lets a court, on the complainant’s motion, order another portion of the mortgaged premises sold under the existing decree whenever a further default happens on a later installment or interest payment, repeating the process as many times as default recurs.
Full Text of § 25-2151
Source
R.S.1867, Code § 859, p. 544; R.S.1913, § 8268; C.S.1922, § 9221; C.S.1929, § 20-2153; R.S.1943, § 25-2151; Laws 2002, LB 876, § 39.
Plain-English Summary
Section 25-2151 builds directly on 25-2150. In the case described there — a decree ordering only part of the mortgaged premises sold, with the decree remaining security for the rest of the debt — this section covers what happens when a later default occurs. If there is any default, subsequent to that decree, in the payment of any portion or installment of the principal, or any interest due on the mortgage, the court may, on the complainant’s motion, issue a further order founded on the first decree.
That further order directs a sale of so much of the mortgaged premises as will satisfy the amount then due, along with the costs of the new complaint and the proceedings that follow it. The lender is not required to start an entirely new foreclosure case for each new default; the original decree keeps supporting further sales as needed.
The section builds in its own repeat mechanism: the same proceedings may be had as often as a default happens. Each missed installment can trigger another sale of enough of the remaining premises, tied back to the same first decree.
Frequently Asked Questions
What happens if a borrower defaults again after a parcel sale under 25-2150?
The complainant can move for a further order, founded on the original decree, directing another sale of enough of the mortgaged premises to cover the newly due amount.
Does the lender have to file a new foreclosure lawsuit for each new default?
No. The same first decree supports further orders and sales as later defaults occur.
What costs does the borrower bear for a sale triggered by a later default?
The amount then due, plus the costs of that complaint and the subsequent proceedings on it.
How many times can this process repeat under the statute?
The section allows the same proceedings to be had as often as a default happens, without stating a cap.
Does the court need a fresh reference to a sheriff for each later default?
The section builds on the situation already established under 25-2150; each subsequent default is handled by a further order founded on that first decree.
Is this section limited to installment mortgages sold in parcels?
Yes. It operates on the case described in 25-2150, where the premises were sold in parcels under a decree that remains security for the rest of the debt.
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: subsequent default parcel sale nebraskarepeated foreclosure sales under the same decreefurther order for sale of mortgaged premisesinstallment default after a parcel salecomplainant motion for further sale order