Surplus fortune

Nebraska Surplus Funds Laws

How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in Nebraska.

General information only, not legal advice. Laws and county procedures change, and local rules may differ. Confirm the current rules with the court, county or a licensed attorney before acting. Last updated: November 2026.

Mortgage foreclosure surplus

Neb. Rev. Stat. § 25-2146 directs a judicial foreclosure sale surplus into court for the defendant or other person entitled to it, subject to court order. Section 77-1916 applies that distribution rule to judicial tax foreclosure; it is not the primary mortgage statute. Section 25-2146 sets no fixed owner application cutoff. Request disbursement in the foreclosure case promptly; property redemption and any civil limitations period are separate questions.

Tax sale surplus

Neb. Rev. Stat. § 77-1916 governs surplus after a judicial tax foreclosure sale. For a treasurer’s-deed route, § 77-1838, as amended effective April 17, 2026, requires payment of the prior owner’s surplus equity after the deed is recorded. Under § 77-1838 the tax-deed grantee must pay the prior owner within 30 days after recording the deed; that is the payer’s deadline, not an owner filing cutoff. In a judicial sale, § 77-1916 sends surplus to court for distribution under § 25-2146.

Unclaimed funds

Nebraska Uniform Disposition of Unclaimed Property Act, Neb. Rev. Stat. §§ 69-1302 et seq.; § 69-1318 governs owner claims to the State Treasurer. Section 69-1318 states no fixed initial owner-claim cutoff. A claim is submitted to the State Treasurer with proof of entitlement.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

Sources

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