Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-259 Deeds and other instruments; formal defects; what constitutes.
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The defects, irregularities and omissions mentioned in section 76-258 shall include all defects and irregularities in respect to formalities of execution and recording, and all defects and irregularities in, as well as the entire lack or omission of attestation, acknowledgment, c…
Neb. Rev. Stat. § 76-260 Deeds and other instruments; recorded for more than ten years; effective as notice despite formal defects.
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From and after its validation by the operation of section 76-258, such instrument shall impart notice to subsequent purchasers, encumbrancers, and all other persons whomsoever so far as and to the same extent that the same is recorded, notwithstanding such defects, irregularities…
Neb. Rev. Stat. § 76-2601 Act, how cited.
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Sections 76-2601 to 76-2613 may be cited as the Uniform Environmental Covenants Act.
Neb. Rev. Stat. § 76-2602 Terms, defined.
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In the Uniform Environmental Covenants Act: (1) Activity and use limitations means restrictions or obligations created under the act with respect to real property. (2) Agency means the Department of Water, Energy, and Environment or any other Nebraska or federal agency that deter…
Neb. Rev. Stat. § 76-2603 Nature of rights; subordination of interests.
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(a) Any person, including a person that owns an interest in the real property, may be a holder, except that the State of Nebraska, a municipality, or another unit of local government may not be a holder unless it is the owner of the real property. An environmental covenant may id…
Neb. Rev. Stat. § 76-2604 Contents of environmental covenant.
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(a) An environmental covenant must: (1) State that the instrument is an environmental covenant executed pursuant to the Uniform Environmental Covenants Act; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and us…
Neb. Rev. Stat. § 76-2605 Validity; effect on other instruments.
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(a) An environmental covenant that complies with the Uniform Environmental Covenants Act runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has…
Neb. Rev. Stat. § 76-2606 Relationship to other land-use law.
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The Uniform Environmental Covenants Act does not authorize a use of real property that is otherwise prohibited by zoning, by law other than the act regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental cov…
Neb. Rev. Stat. § 76-2607 Notice.
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(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession …
Neb. Rev. Stat. § 76-2608 Recording.
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(a) An environmental covenant, any amendment or termination of the covenant under section 76-2609 or 76-2610, and any subordination agreement must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a…
Neb. Rev. Stat. § 76-2609 Duration; amendment by court action.
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(a) An environmental covenant is perpetual unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to section 76-2610; (3) Terminated pursuant to subsection (b) of this section; (4) Term…
Repealed. Laws 2004, LB 155, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2610 Amendment or termination by consent.
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(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The agency; (2) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; (3) Each person that origina…
Neb. Rev. Stat. § 76-2611 Enforcement of environmental covenant.
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(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) A person whose interest in the real…
Neb. Rev. Stat. § 76-2612 Uniformity of application and construction.
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In applying and construing the Uniform Environmental Covenants Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 76-2613 Relation to Electronic Signatures in Global and National Commerce Act.
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The Uniform Environmental Covenants Act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101 of that act, 15 U.S.C. 7001(a), or authorize electronic deli…
Repealed. Laws 2004, LB 155, § 8.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 155, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-264 Deeds executed in another state; omission of private seal, validated.
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No deed of conveyance or other instrument affecting real estate in this state, which has been executed and acknowledged or proved in any other state, territory or district of the United States and which has been executed and acknowledged or proved in accordance with the laws of s…
Repealed. Laws 2004, LB 155, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-266 Trust deeds executed prior to 1917; failure to name beneficiary and record; presumption of authority of trustee to convey.
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When any conveyance of the title to, or any interest in, or any lien on real estate shall have been made prior to July 24, 1917, to any person or corporation as trustee and no beneficiary is named therein, and no declaration of the terms of the trust shall have been made in writi…
Neb. Rev. Stat. § 76-267 Trust deeds executed prior to 1917; failure to record; presumption of authority of trustee to convey; filing of notice by beneficiary; effect.
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Where any such conveyance or lien shall have been made prior to July 24, 1917, to any person or corporation as trustee and such trustee has not conveyed, assigned or released it before said date, and no declaration of the terms of the trust has been executed and recorded in the o…
Neb. Rev. Stat. § 76-268 Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.
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If any conveyance of the title to, or any right or interest in real estate, or any lien thereon, shall be made after July 24, 1917, to any person or corporation as trustee without naming any beneficiary and without any declaration of the terms of the trust having been executed an…
Neb. Rev. Stat. § 76-269 Instrument recorded more than fifteen years without contest; validity.
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After one year from July 24, 1917, no action shall be maintained whereby to set aside, cancel, annul, declare void or invalid any deed of conveyance, mortgage, release of mortgage, or other instrument affecting the title to any real estate, which has been recorded in the office o…
Neb. Rev. Stat. § 76-269.01 Deed of conveyance executed by a personal representative; validity.
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On and after September 9, 1997, no action may be maintained to set aside any deed of conveyance executed by a personal representative of an estate prior to September 9, 1993, upon the grounds that the personal representative lacked authority conferred by the will of the decedent …
Neb. Rev. Stat. § 76-270 Grantee represented as corporation; conveyance more than ten years from recording; validity.
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Where any grantee takes title to real estate in this state under a name including the word company or corporation, whether such grantee was or was not in fact a corporation, and where such grantee subsequent to the date that such title is taken conveys all of such land or part th…
Repealed. Laws 1949, c. 31, § 19.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2701 Act, how cited.
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Sections 76-2701 to 76-2728 shall be known and may be cited as the Nebraska Foreclosure Protection Act.
Neb. Rev. Stat. § 76-2702 Legislative findings and intent.
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The Legislature hereby finds, determines, and declares that home ownership and the accumulation of equity in one's home provide significant social and economic benefits to the state and its citizens. Unfortunately, too many homeowners in financial distress, especially the poor, e…
Neb. Rev. Stat. § 76-2703 Definitions, where found.
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For purposes of the Nebraska Foreclosure Protection Act, unless the context otherwise requires, the definitions found in sections 76-2704 to 76-2712 apply.
Neb. Rev. Stat. § 76-2704 Associate, defined.
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Associate means a partner, a subsidiary, an affiliate, an agent, or any other person working in association with a foreclosure consultant or an equity purchaser. Associate does not include a person who is excluded from the definition of an equity purchaser or a foreclosure consul…
Neb. Rev. Stat. § 76-2705 Equity purchase contract, defined.
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Equity purchase contract means an agreement between an equity purchaser and a homeowner pertaining to the acquisition of title to the homeowner's personal residence.
Neb. Rev. Stat. § 76-2706 Equity purchaser, defined.
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Equity purchaser means a person who, in the course of the person's business, vocation, or occupation, acquires title to a residence in foreclosure. Equity purchaser does not include a person who acquires such title: (1) For the purpose of using such property as his or her persona…
Neb. Rev. Stat. § 76-2707 Evidence of debt, defined.
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Evidence of debt means a writing that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note; bond; negotiable instrument; loan, credit, or similar agreement; or monetary judgment entered by a court of competent jurisdiction.
Neb. Rev. Stat. § 76-2708 Foreclosure consultant, defined.
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(1) Foreclosure consultant means a person who: (a) Does not, directly or through an associate, take or acquire any interest in or title to the residence in foreclosure; and (b) In the course of such person's business, vocation, or occupation, makes a solicitation, representation,…
Neb. Rev. Stat. § 76-2709 Foreclosure consulting contract, defined.
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Foreclosure consulting contract means any agreement between a foreclosure consultant and a homeowner.
Neb. Rev. Stat. § 76-271 Affidavits to correct defects; recording; effect.
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Affidavits explaining or correcting any apparent defect in the chain of title to any real estate, may be recorded as instruments affecting real estate, and such record shall be prima facie evidence of the facts therein recited.
Neb. Rev. Stat. § 76-2710 Holder of evidence of debt, defined.
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Holder of evidence of debt means the person in actual possession of or otherwise entitled to enforce an evidence of debt, except that holder of evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust a…
Neb. Rev. Stat. § 76-2711 Homeowner, defined.
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Homeowner means the owner of a residence in foreclosure, including a vendee under a contract for deed to real property as defined in section 45-335.
Neb. Rev. Stat. § 76-2712 Residence in foreclosure, defined.
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Residence in foreclosure means a residence or dwelling that is occupied as the homeowner's principal place of residence and against which any type of foreclosure action, including, but not limited to, the filing of a notice of default of a deed of trust or the filing of a lawsuit…
Neb. Rev. Stat. § 76-2713 Foreclosure consulting contract; form; notice required; right to cancel; notice.
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(1) A foreclosure consulting contract shall be in writing and provided to and retained by the homeowner, with changes, alterations, or modifications, for review at least twenty-four hours before it is signed by the homeowner. (2) A foreclosure consulting contract shall be printed…
Neb. Rev. Stat. § 76-2714 Homeowner; right to cancel foreclosure consulting contract; notice; when effective; repayment of funds.
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(1) In addition to any right of rescission available under state or federal law, a homeowner has the right to cancel a foreclosure consulting contract at any time. (2) Cancellation occurs when a homeowner gives written notice of cancellation of the foreclosure consulting contract…
Neb. Rev. Stat. § 76-2715 Foreclosure consulting contract; provisions prohibited.
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A provision in a foreclosure consulting contract is void as against public policy if the provision attempts or purports to: (1) Waive any of the rights specified in sections 76-2713 to 76-2718 or the right to a jury trial; (2) Consent to jurisdiction for litigation or choice of l…
Neb. Rev. Stat. § 76-2716 Foreclosure consultant; prohibited acts.
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A foreclosure consultant shall not: (1) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented that the foreclosure consultant wo…
Neb. Rev. Stat. § 76-2717 Foreclosure consultant or associate; unconscionable transaction or contract; review by court.
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(1) A foreclosure consultant or associate may not facilitate or engage in any transaction that is unconscionable given the terms and circumstances of the transaction. (2)(a) If a court, as a matter of law, finds a foreclosure consulting contract or any clause of such contract to …
Neb. Rev. Stat. § 76-2718 Foreclosure consulting contract and notices; English required; translation into other language.
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A foreclosure consulting contract, and all notices of cancellation provided for therein, shall be written in English and shall be accompanied by a written translation from English into any other language principally spoken by the homeowner, certified by the person making the tran…
Neb. Rev. Stat. § 76-2719 Equity purchase contract; form.
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Every equity purchase contract shall be written in at least twelve-point, boldface type and fully completed, signed, and dated by the homeowner and equity purchaser prior to the execution of any instrument quitclaiming, assigning, transferring, conveying, or encumbering an intere…
Neb. Rev. Stat. § 76-272 Affidavits to correct defects; validity.
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All such instruments now appearing of record in the chain of title to any real estate, are legalized; and they shall have the same force and effect as those herein provided for.
Neb. Rev. Stat. § 76-2720 Equity purchase contract; contents; notice.
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(1) Every equity purchase contract shall contain the entire agreement of the parties and shall include the following: (a) The name, business address, telephone number, facsimile number, and email address of the equity purchaser; (b) The street address and full legal description o…
Neb. Rev. Stat. § 76-2721 Homeowner; right to cancel equity purchase contract; limitation; when effective.
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(1)(a) In addition to any right of rescission available under state or federal law, a homeowner has the right to cancel an equity purchase contract until midnight of the third business day following the day on which the homeowner signs a contract that complies with the Nebraska F…