If in any of the foregoing cases, it shall appear to the court that the mortgaged premises are so situated that a sale of the whole will be most beneficial to the parties, the decree shall, in the first instance, be entered for the sale of the whole premises accordingly.
§ 25-2152.Sale of entire property; when ordered.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section directs the court to decree a sale of the entire mortgaged property from the outset, instead of selling it off in parcels, whenever the premises are situated so that selling the whole would work out best for the parties.
Full Text of § 25-2152
Source
R.S.1867, Code § 860, p. 544; R.S.1913, § 8269; C.S.1922, § 9222; C.S.1929, § 20-2154; R.S.1943, § 25-2152.
Plain-English Summary
Section 25-2152 offers the alternative to the parcel-sale approach in 25-2150. If, in any of the foregoing cases, it appears to the court that the mortgaged premises are situated so that a sale of the whole will be most beneficial to the parties, the decree is entered, in the first instance, for the sale of the whole premises accordingly.
The decision happens up front, not after a failed attempt to sell in pieces. Whether the property lends itself to a single sale or a parcel-by-parcel one turns on how the premises are situated and what will work out best for those involved, a determination the court makes at the decree stage. Once a whole-property sale is ordered, 25-2153 governs how the resulting proceeds get applied and distributed.
Frequently Asked Questions
When does a Nebraska court order the entire mortgaged property sold rather than just part of it?
When the property is situated so that selling the whole would be most beneficial to the parties, rather than selling it in parcels.
Does this decision happen after a partial sale is attempted, or from the start?
From the start. The decree for a whole-property sale is entered in the first instance.
How does this section relate to the parcel-sale approach in 25-2150?
They present two paths: 25-2150 authorizes selling in parcels when the property can be divided without injury, while this section calls for selling the whole property when its situation makes that the better option.
Who decides whether a whole-property sale is more beneficial than a parcel sale?
The court, based on how the mortgaged premises are situated.
What happens to the money from a whole-property sale ordered under this section?
Section 25-2153 governs how those proceeds are applied and distributed.
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: whole property sale foreclosure nebraskaentire premises sold under mortgage decreewhen a court orders a full property saleforeclosure sale whole property versus parcels