Chapter 52 — LIENS
183 sections in this chapter.
Neb. Rev. Stat. § 52-147 Lien recording; contents.
1.1K chars
(1) A claimant may record a lien which shall be signed by the claimant and state: (a) The real estate subject to the lien, with a description thereof sufficient for identification; (b) The name of the person against whose interest in the real estate a lien is claimed; (c) The nam…
Neb. Rev. Stat. § 52-148 Amendment of recorded lien.
0.8K chars
(1) A recorded lien may be amended by an additional recording at any time during the period allowed for recording the original lien. An amendment adding real estate or increasing the amount of lien claimed is effective as to the additional real estate or increased amount only fro…
Neb. Rev. Stat. § 52-149 Assignment of lien rights; recording; effect.
1.1K chars
(1) A claimant having a recorded lien, or his or her assignee, may record an assignment signed by the claimant which sets forth the name of the claimant, the name and address of the assignee, the person against whom the lien is claimed, the real estate affected with a description…
Neb. Rev. Stat. § 52-150 Notice of surety bond; recording; contents.
0.7K chars
(1) If a prime contractor or owner has secured a surety bond a notice of surety bond may be recorded. (2) The notice shall be signed by the contractor or owner and by the surety company and state: (a) The real estate being improved with a description thereof sufficient for identi…
Neb. Rev. Stat. § 52-1501 Stallion, jack, or bull; lien for service.
1.2K chars
Every owner, lessee, agent or manager of any stallion, jack or bull shall have a lien upon any mare and her colt or upon any cow and her calf served by such stallion, jack or bull for the full amount of the reasonable or agreed value or price of such service. Every such owner, le…
Neb. Rev. Stat. § 52-1502 Liens; list of animals served; filing.
0.5K chars
Any owner of any stallion, jack or bull within the state may file with the county clerk of any county therein on or before October 1 of each year, a full and complete list of the mares or cows served by such male within such county during that year. Such list shall contain the na…
Neb. Rev. Stat. § 52-1503 Lien; period enforceable.
0.3K chars
From the time of filing such lien upon any such mare or cow the lienor shall have the right to hold the same on such mare or cow and its offspring for a period of twelve months from and after the birth of such offspring; but if such lien shall not be foreclosed within that time t…
Neb. Rev. Stat. § 52-1504 Lien; foreclosure.
0.8K chars
Every such lienor may foreclose such lien by delivering to any sheriff or constable a true copy of such lien certified by the clerk of the county, together with an affidavit of the lienor or any agent or attorney having knowledge of the facts, stating the amount due and unpaid on…
Neb. Rev. Stat. § 52-1505 Lien; sale or removal of animals prohibited; exception.
0.5K chars
It shall be unlawful for any owner of any mare or cow or its offspring, or any person having the possession of such mare or cow, or its offspring, upon which there is any lien of record in the county, to sell or permanently remove the same from the county or state before said lie…
Neb. Rev. Stat. § 52-1506 Violations; penalty.
0.2K chars
Any person or persons knowingly or willfully violating any of the provisions of sections 52-1501 to 52-1505 shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars.
Neb. Rev. Stat. § 52-151 Substitution of collateral; certificate; recording; contents.
1.0K chars
(1) A person who has deposited money or a surety bond with the clerk of the district court in substitution of collateral as provided in section 52-142 may record a certificate of the clerk of the district court showing the deposit. (2) The certificate, which shall be signed by th…
Neb. Rev. Stat. § 52-152 Demand to institute judicial proceedings; recording; claimant's statement; recording.
0.7K chars
(1) A person giving a demand to institute judicial proceedings to enforce a lien, after giving the demand, may record a copy of the demand in the office in which the lien was recorded. The demand must refer by record location to the recorded lien under which it was given, and sta…
Neb. Rev. Stat. § 52-153 Owner's statement of apportionment of lien; recording; contents.
0.4K chars
An owner who is entitled to apportion a lien among lots of a platted subdivision of record may record a statement making the apportionment. The statement must refer to the record location of the lien being apportioned, state the name of the owner and the claimant, state the date …
Neb. Rev. Stat. § 52-154 Discharge of lien; partial release; procedure.
1.2K chars
(1) A lien provided by sections 52-125 to 52-159 may be discharged of record by: (a) Recording a signed statement of the record claimant stating that the lien is released; (b) Failing to record, within the time prescribed in the provisions on duration of lien under section 52-140…
Neb. Rev. Stat. § 52-155 Proceeding to enforce lien.
0.8K chars
(1) Except as otherwise provided in this section, the rules applicable to a civil action apply to a proceeding to foreclose liens under sections 52-125 to 52-159. (2) In a proceeding to foreclose a lien, all claimants having recorded liens may join as plaintiffs and those who do …
Neb. Rev. Stat. § 52-156 Recording of notice of termination before abandonment or completion; owner; liability.
0.6K chars
(1) If a contracting owner records a notice of termination before abandonment or substantial completion of all the improvements covered by the notice of commencement being terminated, he or she is personally liable to any lien claimant to the extent that the claimant is unable to…
Neb. Rev. Stat. § 52-157 Remedies for wrongful conduct.
0.7K chars
(1) If a person is wrongfully deprived of benefits to which he or she is entitled under sections 52-125 to 52-159 by conduct other than that described in section 52-156: (a) He or she is entitled to damages; and (b) The court may make orders restraining the owner or other person,…
Repealed. Laws 2011, LB 3, § 1.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 52-159 Substitution of terms; Revisor of Statutes; duties.
0.4K chars
Whenever in the statutes of Nebraska, unless the context otherwise requires, the term mechanic's lien or words referring to such term occur they shall be taken to mean and apply to construction lien as used in sections 52-125 to 52-159. The Revisor of Statutes shall substitute th…
Neb. Rev. Stat. § 52-1601 Master lien list; Secretary of State; compilation.
0.6K chars
The Secretary of State shall compile lien information relative to liens created under Chapter 52, articles 2, 5, 7, 9, 11, 12, and 14, and Chapter 54, article 2, received by his or her office pursuant to subsection (a) of section 9-530, Uniform Commercial Code, into a master lien…
Neb. Rev. Stat. § 52-1602 Master lien list; distribution or publication; registration to receive or obtain list; fee.
1.6K chars
(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.
2.4K chars
(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.
0.3K chars
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.
0.1K chars
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.
1.1K chars
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.
0.4K chars
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.
0.2K chars
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.
0.9K chars
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.
0.5K chars
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.
1.0K chars
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.
0.1K chars
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.
0.1K chars
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.
2.0K chars
(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.
0.5K chars
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 …
Transferred to section 52-1907.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 52-1903 Filing officer; duty to refuse.
0.1K chars
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.
0.4K chars
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.
0.2K chars
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.
0.9K chars
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.
0.5K chars
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.
6.8K chars
(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.
1.1K chars
(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.
1.5K chars
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.
1.1K chars
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.
0.2K chars
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.
0.1K chars
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.
0.9K chars
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.
4.0K chars
(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.
0.7K chars
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.
1.0K chars
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…