Chapter 52, LIENS
155 sections in this chapter.
Neb. Rev. Stat. § 52-1602 Master lien list; distribution or publication; registration to receive or obtain list; fee.
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(1) The master lien list prescribed in section 52-1601 shall be distributed or published by the Secretary of State not more often than once every month and not less often than once every three months on the date corresponding to the date on which the lists provided pursuant to se…
Neb. Rev. Stat. § 52-1603 Buyer of farm products; purchase subject to lien; when; waiver or release of lien.
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(1) A buyer of farm products who is registered to receive or obtain the master lien list as provided in section 52-1602 and who, in the ordinary course of business, buys farm products from a seller engaged in farming operations shall take free of any lien created under the provis…
Neb. Rev. Stat. § 52-1604 Errors or omissions; exempt from liability.
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The Secretary of State, all county clerks, and their employees or agents shall be exempt from all personal liability as a result of any error or omission in providing information of such statutory liens except in cases of willful misconduct or gross negligence.
Neb. Rev. Stat. § 52-1605 Rules and regulations.
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The Secretary of State shall adopt and promulgate rules and regulations necessary to implement sections 52-1601 to 52-1605.
Neb. Rev. Stat. § 52-1701 Terms, defined.
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For purposes of sections 52-1701 to 52-1708: (1) Assignee shall mean the holder, and his or her successors and assigns, of a security interest in rents which has been created, provided, assigned, or granted by an assignor; (2) Assignment instrument shall mean any mortgage, trust …
Neb. Rev. Stat. § 52-1702 Assignment instrument; terms.
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An assignment instrument may provide that any or all obligations covered by, described in, or identified by the assignment instrument are to be secured by present, future, or after-arising rents or leases. The obligations covered by, described in, or identified by an assignment i…
Neb. Rev. Stat. § 52-1703 Security interest; when valid.
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A security interest in rents shall be valid and binding between the parties to an assignment instrument upon the execution and delivery of the assignment instrument by the assignor to the assignee.
Neb. Rev. Stat. § 52-1704 Security interest; perfection.
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A security interest in rents shall be perfected upon the recording of an assignment instrument with the register of deeds in the county in which the real estate, or any part thereof, described in the assignment instrument is situated. Upon the recording of the assignment instrume…
Neb. Rev. Stat. § 52-1705 Security interest; enforcement by assignee.
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An assignee may enforce a security interest in rents by (1) the appointment of a receiver under applicable law, (2) the recovery of rents as part of the enforcement of an assignment instrument, or (3) as provided in section 52-1706 or under other applicable law. The collection of…
Neb. Rev. Stat. § 52-1706 Assignee; collection of rents; lease terms ineffective; when.
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If agreed in an assignment instrument or on default by the assignor whether agreed in the assignment instrument or not, the assignee shall be entitled to notify any rent party to make payment of rents due or to become due to the assignee whether or not the assignor was previously…
Neb. Rev. Stat. § 52-1707 Priority.
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Priority between conflicting security interests in rents shall be ranked according to priority in the time of recording of an assignment instrument.
Neb. Rev. Stat. § 52-1708 Applicability of sections.
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Sections 52-1701 to 52-1707 shall be applicable to any assignment instrument properly recorded prior to, on, or after February 17, 1993.
Neb. Rev. Stat. § 52-1801 Mobile home security interest; perfection; mobile home certificate of title; notation of lien; laws applicable.
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(1) Any security interest in a mobile home perfected on or after July 15, 1992, and prior to April 8, 1993, shall continue to be perfected: (a) Until the financing statement perfecting such security interest is terminated or would have lapsed in the absence of the filing of a con…
Neb. Rev. Stat. § 52-1901 Nonconsensual common-law lien, defined.
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For purposes of sections 52-1901 to 52-1907, nonconsensual common-law lien means a document that purports to assert a lien against real or personal property of any person or entity and: (1) Is not expressly provided for by a specific state or federal statute; (2) Does not depend …
Neb. Rev. Stat. § 52-1903 Filing officer; duty to refuse.
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The Secretary of State, county clerk, register of deeds, or clerk of any court shall refuse to accept for filing any nonconsensual common-law lien.
Neb. Rev. Stat. § 52-1904 Lien; strike from record; when.
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Any lien determined to be a nonconsensual common-law lien pursuant to any proceeding shall be stricken from the record of the Secretary of State, county clerk, register of deeds, or clerk of any court upon the issuing of a valid court order from a court of competent jurisdiction.…
Neb. Rev. Stat. § 52-1905 Nonconsensual common-law lien; how treated.
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A nonconsensual common-law lien is not binding or enforceable at law or in equity. Any nonconsensual common-law lien that is recorded is void and unenforceable.
Neb. Rev. Stat. § 52-1906 Recording of nonconsensual common-law lien; claimant; serve copy upon owner; sheriff; duties; proceeding to enforce; time limit.
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In order that the owner of real property upon which a nonconsensual common-law lien is recorded shall have notice of the recording of the lien, the claimant shall cause the sheriff to serve a copy of the recorded lien upon the owner of the real property upon which the nonconsensu…
Neb. Rev. Stat. § 52-1907 Submission for filing or recording; liability.
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If a person submits for filing or recording to the Secretary of State, county clerk, register of deeds, or clerk of any court any document purporting to create a nonconsensual common-law lien against real or personal property in violation of sections 52-1901 and 52-1905 to 52-190…
Neb. Rev. Stat. § 52-2001 Lien; foreclosure; notice; priority; costs and attorney's fees; homeowners' association; furnish statement; restrictions on lien; payments to escrow account; use.
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(1) A homeowners' association has a lien on a member's real estate for any assessment levied against real estate from the time the assessment becomes due and a notice containing the dollar amount of such lien is recorded in the office where mortgages or deeds of trust are recorde…
Neb. Rev. Stat. § 52-201 Creation of lien; retention of property authorized.
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(1) Any person who makes, alters, repairs, or in any way enhances the value of any vehicle, automobile, machinery, farm implement, or tool or shoes a horse or mule at the request of or with the consent of the owner or owners thereof shall have a lien on such vehicle, automobile, …
Neb. Rev. Stat. § 52-202 Lien; perfection; financing statement; filing.
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Any person who makes, alters, repairs, or in any way enhances the value of any vehicle, automobile, machinery, or farm implement or tool or shoes any horse or mule, at the request of or with the consent of the owner or owners thereof, has a lien upon such property, in cases when …
Neb. Rev. Stat. § 52-203 Lien; effect; priority; limitation; enforcement; fee.
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A lien created under section 52-202 is in force from and after the date it is filed and is prior and paramount to all other liens upon such property except those previously filed against such property. Such lien shall be treated in all respects as an agricultural lien as provided…
Neb. Rev. Stat. § 52-204 Lien satisfied; financing statement; termination.
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When a lien created under section 52-202 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Neb. Rev. Stat. § 52-2101 Act, how cited.
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Sections 52-2101 to 52-2108 shall be known and may be cited as the Commercial Real Estate Broker Lien Act.
Neb. Rev. Stat. § 52-2102 Terms, defined.
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For purposes of the Commercial Real Estate Broker Lien Act: (1) Commercial real estate means any real estate other than real estate containing no more than four residential units or real estate on which no buildings or structures are located and that is zoned for single-family re…
Neb. Rev. Stat. § 52-2103 Lien; amount; attachment; when; notice of lien; recording; notice of lien for future commission; how treated.
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(1)(a) A commercial real estate broker shall have a lien upon commercial real estate or any interest in that commercial real estate that is the subject of a purchase, lease, or other conveyance to a buyer or tenant of an interest in the commercial real estate in the amount of com…
Neb. Rev. Stat. § 52-2104 Notice of lien; mailing of notice required; effect on lien.
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The commercial real estate broker shall, within ten days after recording its notice of lien, either mail a copy of the notice of lien to the owner of record of the commercial real estate by registered or certified mail at the address of the owner stated in the commission agreemen…
Neb. Rev. Stat. § 52-2105 Notice of lien; contents.
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The notice of lien shall state the name of the commercial real estate broker, the name as reflected in the commercial real estate broker's records of any person the commercial real estate broker believes to be an owner of the commercial real estate on which the lien is claimed, t…
Neb. Rev. Stat. § 52-2106 Lien; period of enforceability.
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(1) Except as provided in subsections (2) and (3) of this section, a lien that has become enforceable as provided in section 52-2103 shall continue to be enforceable for two years after the recording of the lien. (2) Except as provided in subsection (3) of this section, if an own…
Neb. Rev. Stat. § 52-2107 Priority of liens.
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(1) Recorded liens, mortgages, trust deeds, and other encumbrances on commercial real estate, including a recorded lien securing revolving credit and future advances for a loan, recorded before the date the commercial real estate broker's lien is recorded, shall have priority ove…
Neb. Rev. Stat. § 52-2108 Release of lien; procedure; escrow established or interpleader filed; recording of document required; failure to file; additional procedures.
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(1) Whenever a notice of a commercial real estate broker's lien has been recorded, the record owner of the commercial real estate may have the lien released by depositing funds equal to the full amount stated in the notice of lien plus fifteen percent to be applied towards any li…
Neb. Rev. Stat. § 52-2201 Financing statement filed prior to November 1, 2003; loss of perfection; continuation statement; filing required; contents; effect; Secretary of State; duties.
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A financing statement filed to perfect a lien pursuant to sections 52-202, 52-501, 52-701, 52-901, 52-1101, 52-1201, 52-1401 to 52-1411, 54-201, or 54-208, which was properly filed prior to November 1, 2003, shall lose its perfection unless a continuation statement is filed with …
Neb. Rev. Stat. § 52-401 Lien; scope and operation; exception; reduction, when; claim of lien; notice; priority of claims; access to records.
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(1) Whenever any person employs a physician, nurse, chiropractor, physical therapist, hospital, or provider of emergency medical service to perform professional services of any nature, in the treatment of or in connection with an injury, and such injured person claims damages fro…
Neb. Rev. Stat. § 52-402 Physician, defined.
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The term physician shall include surgeon, and shall mean one legally authorized to practice his profession within the State of Nebraska and in good standing in his profession at the time.
Neb. Rev. Stat. § 52-501 Thresher's, combiner's, cornsheller's, or mechanical cornpicker's lien; perfection; financing statement; filing; enforcement; fee.
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(1)(a) The owner or operator of any threshing machine or combine used in threshing, combining, or hulling grain or seed, (b) the owner or operator of any mechanical cornpicker or mechanical cornhusker used in picking or husking corn, and (c) the owner or operator of any cornshell…
Neb. Rev. Stat. § 52-502 Lien; effect; not assignable; landlord's share exempt.
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A lien created under section 52-501 shall not attach to such grain, seed, or corn in the hands of an innocent purchaser or dealer in the usual course of trade unless all the notices provided for in such section shall have been given. In the event the threshing, combining, hulling…
Neb. Rev. Stat. § 52-504 Lien satisfied; financing statement; termination.
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When a lien created under section 52-501 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Neb. Rev. Stat. § 52-601.01 Services performed upon personal property; disposition of property; when; notice.
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A person who shall perform work or labor, or exert care or diligence, or who shall advance money or material upon personal property under a contract, expressed or implied, and who holds such property for a period of ninety days, may dispose of the property by sale or other manner…
Neb. Rev. Stat. § 52-603 Lien; how satisfied; sale.
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In accordance with the terms of the notice given as provided by section 52-601.01, a sale of the goods for reasonable value may be had to satisfy any valid claim of the claimant for which the claimant has a lien on the goods. Such sale shall extinguish any lien or security intere…
Neb. Rev. Stat. § 52-604 Sale; proceeds; distribution.
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From the proceeds of such sale the claimant shall make application in the following order: (1) To satisfy his or her lien, including the reasonable charges of notice, advertisement, and sale; and (2) to satisfy the obligations secured by the lien or security interest of any lienh…
Neb. Rev. Stat. § 52-605 Redemption.
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At any time before the goods are so sold, any person claiming a right of property or possession therein may pay the claimant the amount necessary to satisfy his lien, and pay the reasonable expenses and liabilities incurred in serving notices of advertising and preparing for sale…
Neb. Rev. Stat. § 52-701 Lien; perfection; financing statement; filing; enforcement; fee.
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Whenever any person procures, contracts with, or hires any person licensed to practice veterinary medicine and surgery to treat, relieve, or in any way take care of any kind of livestock, such veterinarian shall have a first, paramount, and prior lien upon such livestock so treat…
Neb. Rev. Stat. § 52-702 Lien satisfied; financing statement; termination.
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When a lien created under section 52-701 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Neb. Rev. Stat. § 52-801 Clothing; household goods; services thereon; sale; notice.
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Any garment, clothing, wearing apparel, or household goods on which cleaning, pressing, glazing, or washing has been done, upon which alterations or repairs have been made, or on which materials or supplies have been used or furnished, remaining in the possession of a person, fir…
Neb. Rev. Stat. § 52-802 Clothing; household goods; storage; sale; notice.
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All garments, clothing, wearing apparel, or household goods placed in storage or on which any of the services or labors mentioned in section 52-801 have been performed and then placed in storage by agreement and remaining in the possession of a person, firm, partnership, limited …
Neb. Rev. Stat. § 52-803 Sale; notice to owner; registered or certified mail; time of mailing.
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The posting or mailing of either a registered or certified letter, with a return address marked thereon, addressed to the owner or owners at his, her, its, or their address, given at the time of the delivery of the article or articles to a person, firm, partnership, limited liabi…
Neb. Rev. Stat. § 52-804 Sale; disposition of proceeds; when payable to owner.
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The person, firm, partnership, limited liability company, or corporation to whom the charges are payable shall (1) deduct the charges due plus the costs of notifying the owner and the costs, if any, of publishing the notice of sale from the proceeds of such sale, (2) hold the ove…
Neb. Rev. Stat. § 52-805 Notice to be posted in place of business.
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All persons, firms, partnerships, limited liability companies, or corporations taking advantage of sections 52-801 to 52-806 must keep posted at all times in a prominent place in their receiving office or offices two notices which shall read as follows: All articles cleaned, pres…
Neb. Rev. Stat. § 52-806 Sale; where; when; notice by publication; notice by posting; contents.
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The sale of garments, clothing, wearing apparel or household goods, for failure to pay any of the charges provided for in sections 52-801 and 52-802, shall be held at the place where the work was done or the goods described therein were stored or, if such place is manifestly unsu…