2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2139 - Decree; power of court.

25-2139.
Decree; power of court.
When a complaint is filed for the satisfaction of a mortgage, the court has the power only to decree and compel the delivery of the possession of the premises to the purchaser thereof.
Source
R.S.1867, Code § 847, p. 542;
R.S.1913, § 8256;
C.S.1922, § 9209;
C.S.1929, § 20-2141;
Laws 1933, c. 41, § 1, p. 248;
C.S.Supp.,1941, § 20-2141;
R.S.1943, § 25-2139;
Laws 2002, LB 876, § 34.
Annotations
1. Deficiency judgment
2. Other remedies
1. Deficiency judgment
The use of the word "premises" does not refer to deficiencies wherein chattel mortgages are involved. Schreiner v. Witte, 143 Neb. 109, 8 N.W.2d 831 (1943).
Amendment of 1933 depriving court of jurisdiction in foreclosure action to render a deficiency judgment does not apply to mortgage obligations created prior thereto, and deficiency judgment may be entered on such an obligation at any time within five years from confirmation of sale. Bartels v. Meyer, 136 Neb. 274, 285 N.W. 698 (1939).
The general saving clause preserves the right to a deficiency judgment in the foreclosure of a mortgage obligation created prior to amendment of this section abolishing deficiency judgment. Vlazny v. Dittrich, 136 Neb. 266, 285 N.W. 697 (1939); Filley v. Mancuso, 135 Neb. 403, 281 N.W. 850 (1938); First Trust Co. of Lincoln v. Eastridge Club of Lincoln, 134 Neb. 785, 279 N.W. 720 (1938); Stowers v. Stuck, 131 Neb. 409, 268 N.W. 310 (1936).
Repeal of the statute permitting recovery of a deficiency judgment did not prevent action to revive a dormant deficiency judgment. McCormack v. Murray, 133 Neb. 125, 274 N.W. 383 (1937).
Repeal of statute permitting recovery of deficiency judgment does not affect pending actions. Arnold v. Hawley, 128 Neb. 766, 260 N.W. 284 (1935).
Statute was not applicable to suit pending when it took effect. Helfrich v. Baxter, 128 Neb. 281, 258 N.W. 532 (1935).
Act of 1933 relating to deficiency judgments was not applicable to case where decree of foreclosure was obtained, property sold and sale confirmed, and application for deficiency judgment made and denied and appeal from denial taken before act took effect. First Trust Co. of Omaha v. Glendale Realty Co., 125 Neb. 283, 250 N.W. 68 (1933).
2. Other remedies
This section only operates to separate the deficiency action from the foreclosure action and requires a separate action be brought at law to collect a deficiency after foreclosure. Carman v. Gibbs, 220 Neb. 603, 371 N.W.2d 283 (1985).
Amendment abolishing deficiency judgment in foreclosure action does not apply to action at law on note, even if accompanied by ancillary remedy of attachment. Linder v. Terre Haute Brewing Co., 139 Neb. 636, 298 N.W. 545 (1941).
Amendment abolishing deficiency judgment does not apply where the mortgage was executed before the restriction was passed and was not then due nor in litigation. Federal Land Bank of Omaha v. Plumer, 139 Neb. 301, 297 N.W. 541 (1941).
The effect of 1933 amendment is to deny a deficiency judgment to the mortgagee in a foreclosure action, and to leave unaffected other remedies for the collection of the debt. Federal Farm Mtg. Corp. v. Claussen, 138 Neb. 518, 293 N.W. 424 (1940).
Amendment of 1933 does not abolish action at law on debt secured by mortgage, and after completion of foreclosure, mortgagee may withdraw note with leave of court and bring suit thereon for deficiency. Federal Farm Mtg. Corp. v. Thiele, 137 Neb. 626, 290 N.W. 471 (1940).
Recovery on note after foreclosure of mortgage had been completed is allowed where leave of the court to withdraw note is obtained. Federal Farm Mtg. Corp. v. Cramb, 137 Neb. 553, 290 N.W. 440 (1940).