reglab/housing_qa huggingface dataset:
NE Code § 76-908 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-908 - Documentary stamp tax; refund; procedure.

76-908.  Documentary stamp tax; refund; procedure.Any person paying the documentary stamp tax imposed by section 76-901 may claim a refund if the payment of such tax was (1) the result of a misunderstanding or honest mistake of the taxpayer, (2) the result of a clerical error on the part of the register of deeds or the taxpayer, or (3) invalid for any reason. Within two years after payment of such tax, the taxpayer shall file in the office of the register of deeds of the county in which the tax was paid a written claim on a form prescribed by the Tax Commissioner and evidence in support thereof, stating the reason for the claim. The register of deeds shall, within thirty days after such filing, make a recommendation of approval or denial and forward the recommendation together with a copy of the claim and evidence filed to the Tax Commissioner. Within thirty days after the forwarding of such recommendation the Tax Commissioner shall, upon consideration of the recommendation of the register of deeds and the claim and evidence filed by the taxpayer, render his or her decision approving or rejecting the claim for a refund in whole or in part. A copy of the decision of the Tax Commissioner shall be mailed to the register of deeds and to the last-known address of the taxpayer within ten days after the decision is rendered. Upon approval by the Tax Commissioner of a refund for all or a portion of the documentary stamp tax paid, the register of deeds is authorized to make such refund from the currently collected documentary stamp tax funds presently in the office of the register of deeds. A taxpayer denied a refund under this section, in whole or in part, may appeal the decision of the Tax Commissioner, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1981, LB 179, § 2;   Laws 1988, LB 352, § 148;  Laws 2012, LB727, § 27. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 76-1001 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1001 - Terms, defined.

76-1001.  Terms, defined.As used in sections 76-1001 to 76-1018, unless the context otherwise requires:(1) Beneficiary shall mean the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or his successor in interest;(2) Trustor shall mean the person conveying real property by a trust deed as security for the performance of an obligation;(3) Trust deed shall mean a deed executed in conformity with sections 76-1001 to 76-1018 and conveying real property to a trustee in a trust to secure the performance of an obligation of the grantor or other person named in the deed to a beneficiary;(4) Trustee shall mean a person to whom title to real property is conveyed by trust deed, or his successor in interest;(5) Real property shall mean any estate or interest in land, including all buildings, fixtures and improvements thereon and all rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, used or enjoyed with said land, or any part thereof; and(6) Trust property shall mean the real property conveyed by the trust deed.Source  Laws 1965, c. 451, § 1, p. 1423.
NE Code § 76-1003 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1003 - Trustee; qualification.

76-1003.  Trustee; qualification.(1) The trustee of a trust deed shall be:(a) A member of the Nebraska State Bar Association or a licensed real estate broker of Nebraska;(b) Any bank, building and loan association, savings and loan association, or credit union authorized to do business in Nebraska under the laws of Nebraska or the United States or an agency of the United States Department of Agriculture involved in lending;(c) Any corporation authorized to conduct a trust business in Nebraska under the laws of Nebraska or the United States; or(d) Any title insurer authorized to do business in Nebraska under the laws of Nebraska.(2) The trustee of a trust deed shall not be the beneficiary named in the trust deed unless the beneficiary is qualified to be a trustee under subdivision (1)(b) or (c) of this section.Source   Laws 1965, c. 451, § 3, p. 1424;   Laws 1991, LB 235, § 58;   Laws 1992, LB 641, § 4;  Laws 1999, LB 682, § 1.
NE Code § 76-1005 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1005 - Power of sale conferred on trustee.

76-1005.  Power of sale conferred on trustee.A power of sale may be conferred upon the trustee which the trustee may exercise and under which the trust property may be sold in the manner provided in the Nebraska Trust Deeds Act after a breach of an obligation for which the trust property is conveyed as security, or at the option of the beneficiary a trust deed may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property. The power of sale shall be expressly provided for in the trust deed.Source   Laws 1965, c. 451, § 5, p. 1426;   Laws 1984, LB 679, § 19;   Laws 1993, LB 547, § 2. Annotations  This section recognizes the existence of two different methods of foreclosing a trust deed: (1) by nonjudicial foreclosure or (2) by judicial foreclosure in the manner of mortgages. First Nat. Bank of Omaha v. Davey, 285 Neb. 835, 830 N.W.2d 63 (2013). Although the Nebraska Trust Deeds Act does not provide a remedy for a defective trustee's sale, the trustor can sue in equity to set the sale aside. Gilroy v. Ryberg, 266 Neb. 617, 667 N.W.2d 544 (2003). Defects in a trustee's sale conducted under a power of sale in a trust deed fall into one of three categories: (1) Those that render the sale void, (2) those that render the sale voidable, and (3) those that are inconsequential. Gilroy v. Ryberg, 266 Neb. 617, 667 N.W.2d 544 (2003). When a defect renders a trustee's sale voidable, bare legal title passes to the sale purchaser. An injured party can have the sale set aside only so long as legal title has not moved to a bona fide purchaser. Gilroy v. Ryberg, 266 Neb. 617, 667 N.W.2d 544 (2003). When a trustee's sale is void, no title passes, and adversely affected parties may have the sale set aside even though the property has passed into the hands of a bona fide purchaser. Gilroy v. Ryberg, 266 Neb. 617, 667 N.W.2d 544 (2003). When the party seeking to set aside a trustee's sale establishes only an inconsequential defect, equity will not set aside the sale. Gilroy v. Ryberg, 266 Neb. 617, 667 N.W.2d 544 (2003). When the beneficiary elects to judicially foreclose, the law governing foreclosure of mortgages applies. State Bank of Trenton v. Lutz, 14 Neb. App. 884, 719 N.W.2d 731 (2006).
NE Code § 76-1007 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1007 - Sale of trust property; notice; contents; time; place of sale.

76-1007.  Sale of trust property; notice; contents; time; place of sale.(1) The trustee or the attorney for the trustee shall give written notice of the time and place of sale particularly describing the property to be sold by publication of such notice, at least five times, once a week for five consecutive weeks, the last publication to be at least ten days but not more than thirty days prior to the sale, in some newspaper having a general circulation in each county in which the property to be sold, or some part thereof, is situated.(2) The sale shall be held at the time and place designated in the notice of sale which shall be between the hours of nine a.m. and five p.m. and at the premises or at the courthouse of the county in which the property to be sold, or some part thereof, is situated.(3) The notice of sale shall be sufficient if made in substantially the following form:Notice of Trustee's SaleThe following described property will be sold at public auction to the highest bidder at the .......... door of the county courthouse in .............., County of ............, Nebraska, on ........., 20.... .(Name of Trustee) .......................................Source   Laws 1965, c. 451, § 7, p. 1426;  Laws 2004, LB 813, § 29;  Laws 2006, LB 876, § 53.
NE Code § 76-1009 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1009 - Sale of trust property; public auction; bids; postponement of sale; notice.

76-1009.  Sale of trust property; public auction; bids; postponement of sale; notice.On the date and at the time and place designated in the notice of sale, the trustee shall sell the property at public auction to the highest bidder. The attorney for the trustee may conduct the sale. Any person, including the beneficiary, may bid at the sale. Every bid shall be deemed an irrevocable offer. If the purchaser refuses to pay the amount bid by him or her for the property struck off to him or her at the sale, the trustee may again sell the property at any time to the highest bidder, except that notice of the sale shall be given again in the same manner as the original notice of sale was required to be given. The party refusing to pay shall be liable for any loss occasioned thereby, and the trustee may also, in his or her discretion, thereafter reject any other bid of such person.The person conducting the sale may, for any cause he or she deems expedient, postpone the sale of all or any portion of the property from time to time until it is completed, and in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale. The public declaration of the notice of postponement shall include the new date, time, and place of sale. No other notice of the postponed sale need be given unless the sale is postponed for longer than forty-five days beyond the day designated in the notice of sale, in which event notice thereof shall be given in the same manner as the original notice of sale is required to be given.Source   Laws 1965, c. 451, § 9, p. 1428;  Laws 2004, LB 999, § 45;  Laws 2010, LB732, § 4. Annotations Portions of this section are sound rules not only for auctions of trust property, but also for judicial sales. Commercial Fed. Sav. & Loan v. ABA Corp., 230 Neb. 317, 431 N.W.2d 613 (1988).
NE Code § 76-1010 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1010 - Sale of trust property; bid; payment; delivery of deed; recitals; effect; rights of trustor; terminated, when.

76-1010.  Sale of trust property; bid; payment; delivery of deed; recitals; effect; rights of trustor; terminated, when.(1) The purchaser at the sale shall forthwith pay the price bid, and upon receipt of payment, the trustee shall execute and deliver his or her deed to such purchaser. The trustee's deed may contain recitals of compliance with the requirements of the Nebraska Trust Deeds Act relating to the exercise of the power of sale and sale of the property described therein, including recitals concerning any mailing, personal delivery, and publication of the notice of default, any mailing and the publication and posting of notice of sale, and the conduct of sale. Such recitals shall constitute prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value and without notice.(2) The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest, and claim of the trustor and his or her successors in interest and of all persons claiming by, through, or under them, in and to the property sold, including all such right, title, interest, and claim in and to such property acquired by the trustor or his or her successors in interest subsequent to the execution of the trust deed. All right, title, interest, and claim of the trustor and his or her successors in interest, and of all persons claiming by, through, or under them, in and to the property sold, including all such right, title, interest, and claim in and to such property acquired by the trustor or his or her successors in interest subsequent to the execution of the trust deed, shall be deemed to be terminated as of the time the trustee or the attorney for the trustee accepts the highest bid at the time of the sale.Source   Laws 1965, c. 451, § 10, p. 1429;  Laws 2004, LB 999, § 46. Annotations  The term "forthwith" as used in subsection (1) of this section requires the purchaser at a trustee's sale to pay the amount of its bid within a reasonable time under the circumstances of the case. Gilroy v. Ryberg, 266 Neb. 617, 667 N.W.2d 544 (2003). This section allows for an affirmative defense whereby bona fide purchasers and encumbrancers for value and without notice can use the recitals in the trustee's deed to defeat any claim that the trustee's sale did not comply with the requirements of the Nebraska Trust Deeds Act relating to the exercise of the power of sale and sale of the property described therein. Gilroy v. Ryberg, 266 Neb. 617, 667 N.W.2d 544 (2003).
NE Code § 76-1011 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1011 - Sale of trust property; proceeds of sale; disposition.

76-1011.  Sale of trust property; proceeds of sale; disposition.(1) The trustee shall apply the proceeds of the trustee's sale in the following order of priority:(a) First, the proceeds shall be applied to the costs and expenses of exercising the power of sale and of the sale, including the payment of the trustee's fees actually incurred not to exceed the amount which may be provided for in the trust deed;(b) Second, the proceeds shall be applied to payment of the obligation secured by the trust deed;(c) Third, the proceeds shall be applied to the payment of junior trust deeds, mortgages, or other lienholders; and(d) Fourth, the balance of the proceeds, if any, shall be applied to the person or persons legally entitled to any remaining proceeds.(2) Whether the proceeds are disbursed by the trustee pursuant to subsection (1) of this section or pursuant to an action described in section 76-1011.01, the payment of any attorney's fees and costs incurred by the trustee in connection with the distribution of the proceeds of the trustee's sale shall be deducted from the proceeds prior to the payment of junior trust deeds, mortgages, or other lien holders, or to any other person or persons legally entitled thereto.Source   Laws 1965, c. 451, § 11, p. 1430;   Laws 1984, LB 679, § 22;  Laws 2021, LB503, § 2.   Effective Date: August 28, 2021  Annotations Under this section of the Nebraska Trust Deeds Act, a fee "actually incurred" means a fee that is based on services rendered. Under this section of the Nebraska Trust Deeds Act, a trustee has a duty to disburse proceeds to junior lienholders according to priority and, therefore, holds sale proceeds in trust for distribution to lienholders whose interests are junior to the interest of the beneficiary designated in the deed of trust. Arizona Motor Speedway v. Hoppe, 244 Neb. 316, 506 N.W.2d 699 (1993).
NE Code § 76-1011.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1011.01 - Sale of trust property; proceeds of sale; disposition; objecting party; attorney's fees and costs.

76-1011.01.  Sale of trust property; proceeds of sale; disposition; objecting party; attorney's fees and costs.If a court enters a judgment in favor of the holder of a trust deed, mortgage, or other lien in any interpleader action, action for declaratory judgment, or any other similar action resulting from an objection to or the uncertainty of the proposed payment of proceeds of the trustee's sale by the trustee to such holders of trust deeds, mortgages, or other liens, the court shall order the objecting party or parties who, without a good-faith reason, objected to the proposed payment of proceeds of the trustee's sale by the trustee, to pay the reasonable attorney's fees and court costs of any such holder.Source  Laws 2021, LB503, § 1.   Effective Date: August 28, 2021
NE Code § 76-1014.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1014.01 - Trust deed; reconveyance; beneficiary's obligation and liability.

76-1014.01.  Trust deed; reconveyance; beneficiary's obligation and liability.Section 76-2803 shall govern the beneficiary's obligation to record or cause to be recorded a deed of reconveyance and the liability of the beneficiary for failure to timely record or cause to be recorded a deed of reconveyance.Source   Laws 1994, LB 1275, § 9;   Laws 1995, LB 396, § 3;  Laws 2002, LB 957, § 32;  Laws 2003, LB 218, § 19;  Laws 2018, LB750, § 4.
NE Code § 76-1015 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1015 - Sale of trust property; limitation of action.

76-1015.  Sale of trust property; limitation of action.The trustee's sale of property under a trust deed shall be made within the period prescribed in section 25-205 for the commencement of an action on the obligation secured by the trust deed unless the beneficiary elects to foreclose a trust deed in the manner provided for by law for the foreclosure of mortgages on real estate as provided in section 76-1005, in which case the statute of limitations for the commencement of such action shall be the same as the statute of limitations for mortgages pursuant to section 25-202.Source   Laws 1965, c. 451, § 15, p. 1432;   Laws 1997, LB 284, § 2.  Annotations The 10-year statute of limitations governing foreclosure of mortgages or deeds of trust as mortgages, rather than the 5-year statute of limitations governing trust deed foreclosure in which a trustee exercises power of sale upon default, applied to a claim brought by a holder of a promissory note secured by a deed of trust on property seeking foreclosure of the deed of trust, because the claim was not for trustee foreclosure. Bel Fury Invest. Group v. Palisades Collection, 19 Neb. App. 883, 814 N.W.2d 394 (2012).
NE Code § 76-1016 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1016 - Trust deed; transfer of debt secured by; effect.

76-1016.  Trust deed; transfer of debt secured by; effect.The transfer of any debt secured by a trust deed shall operate as a transfer of the security therefor.Source  Laws 1965, c. 451, § 16, p. 1432.
NE Code § 76-1017 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1017 - Trust deed; instruments entitled to be recorded; assignment of beneficial interest.

76-1017.  Trust deed; instruments entitled to be recorded; assignment of beneficial interest.Any trust deed, substitution of trustee, assignment of a beneficial interest under a trust deed, notice of default, trustee's deed, reconveyance of the trust property and any instrument by which any trust deed is subordinated or waived as to priority, when acknowledged as provided by law, shall be entitled to be recorded, and shall, from the time of filing the same with the register of deeds for record, impart notice of the contents thereof, to all persons, including subsequent purchasers and encumbrancers for value, except that the recording of an assignment of a beneficial interest in the trust deed shall not in itself be deemed notice of such assignment to the trustor, his heirs or personal representatives, so as to invalidate any payment made by them, or any of them, to the person holding the note, bond or other instrument evidencing the obligation by the trust deed.Source  Laws 1965, c. 451, § 17, p. 1433.
NE Code § 76-1018 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1018 - Act, how cited.

76-1018.  Act, how cited.Sections 76-1001 to 76-1018 shall be known and may be cited as Nebraska Trust Deeds Act.Source   Laws 1965, c. 451, § 17, p. 1433;   Laws 1994, LB 1275, § 8;  Laws 2021, LB503, § 3.   Effective Date: August 28, 2021  Annotations  A guaranty that was not secured by a trust deed was not subject to the provisions of the Nebraska Trust Deeds Act. Mutual of Omaha Bank v. Murante, 285 Neb. 747, 829 N.W.2d 676 (2013). The Nebraska Trust Deeds Act results in a fiduciary relationship between the trustee and the creditors secured by a deed of trust. Arizona Motor Speedway v. Hoppe, 244 Neb. 316, 506 N.W.2d 699 (1993). The Nebraska Trust Deeds Act provides a specific statutory plan to obtain performance of an obligation, prescribes a distinct procedure to dispose of security for performance of an obligation, and, generally, authorizes a form of financing quite apart from other methods recognized under Nebraska law. Sports Courts of Omaha v. Meginnis, 242 Neb. 768, 497 N.W.2d 38 (1993). Nebraska Trust Deeds Act did not violate Article III, section 14, Constitution of Nebraska. Blair Co. v. American Savings Co., 184 Neb. 557, 169 N.W.2d 292 (1969).
NE Code § 76-1101 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1101 - Corporations; real and personal property; Secretary of State; filed with; effect.

76-1101.  Corporations; real and personal property; Secretary of State; filed with; effect.Any mortgage of real property or of both real property and goods, including fixtures, or a security interest in fixtures alone, made by a corporation which is a railroad, or by any corporation including public corporations engaged in the furnishing of electric or telephone service shall be recorded in the office of the register of deeds of the county where such property is located, and when so recorded shall be a lien on the real property and fixtures described in the mortgage or security agreement from the time of recording and on fixtures thereafter acquired subject to the mortgage or security agreement from the time of acquisition; and if the mortgage or security agreement includes goods, a copy of the mortgage or security agreement or a financing statement describing the goods by item or type shall be filed with the Secretary of State and shall be effective from the time provided in the Uniform Commercial Code, but the security interest in the goods and in goods thereafter acquired subject to the mortgage or security agreement shall be effective without refiling as long as the mortgage or security agreement remains in effect, and this lien shall be enforceable in accordance with the laws of this state governing mortgages of real estate.Source  Laws 1965, c. 452, § 1, p. 1434.
NE Code § 76-1102 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1102 - Corporations; personal property; Secretary of State; financing statement; filed with; effect.

76-1102.  Corporations; personal property; Secretary of State; financing statement; filed with; effect.A security interest in goods alone created by a corporation which is a railroad, or by any corporation including public corporations engaged in the furnishing of electric or telephone service shall be perfected by filing a financing statement in the office of the Secretary of State and shall in all respects except as to place of filing be governed by the Uniform Commercial Code. This is a statute providing for central filing of security interests in property within the meaning of article 9, Uniform Commercial Code.Source   Laws 1965, c. 452, § 2, p. 1434;  Laws 1999, LB 550, § 42.
NE Code § 76-1103 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1103 - Secretary of State; duties; fee.

76-1103.  Secretary of State; duties; fee.The Secretary of State shall maintain a separate file for mortgages, security agreements and financing statements on which the debtor is a corporation which is a railroad, or by any corporation including public corporations engaged in the furnishing of electric or telephone service and the uniform fee for filing, indexing, and furnishing filing data for such financing statements shall be one dollar per page, but the total fee shall not be less than five dollars nor more than one hundred dollars.Source  Laws 1965, c. 452, § 3, p. 1434.