Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-2722 Equity purchase contract; Notice of Cancellation; form; copy provided to homeowner.
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(1)(a) The equity purchase contract shall contain, as the last provision before the space reserved for the homeowner's signature, a conspicuous statement in at least twelve-point, boldface type, as follows: YOU MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOUSE WITHOUT ANY PENAL…
Neb. Rev. Stat. § 76-2723 Option to repurchase; conditions.
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A transaction in which a homeowner purports to grant a residence in foreclosure to an equity purchaser by an instrument that appears to be an absolute conveyance and in which an option to repurchase is reserved to the homeowner or is given by the equity purchaser to the homeowner…
Neb. Rev. Stat. § 76-2724 Equity purchase contract; provisions prohibited.
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A provision in an equity purchase contract between an equity purchaser and a homeowner is void as against public policy if it attempts or purports to: (1) Waive any of the rights specified in sections 76-2719 to 76-2727 or the right to a jury trial; (2) Consent to jurisdiction fo…
Neb. Rev. Stat. § 76-2725 Equity purchaser; duties; prohibited acts.
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(1) The equity purchase contract provisions required by sections 76-2719 to 76-2724 shall be provided and completed in conformity with such sections by the equity purchaser. (2) Until the time within which the homeowner may cancel the transaction has fully elapsed, the equity pur…
Neb. Rev. Stat. § 76-2726 Equity purchaser or associate; unconscionable transaction or contract; review by court.
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(1) An equity purchaser 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 an equity purchase contract or any clause of such contract to have been u…
Neb. Rev. Stat. § 76-2727 Equity purchase contract and related documents and instruments; English required; translation into other language.
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Any equity purchase contract, rental agreement, lease, or option or right to repurchase and any notice, conveyance, lien, encumbrance, consent, or other document or instrument signed by a homeowner shall be written in English and shall be accompanied by a written translation from…
Neb. Rev. Stat. § 76-2728 Violation; penalty.
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A person who violates any provision of the Nebraska Foreclosure Protection Act is guilty of a Class IV felony.
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-274 Merger of lien with fee; when presumed.
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Whenever an interest in the fee title to any real estate in this state and an interest in a mortgage or other lien affecting the same interest shall become vested in the same person, and such person subsequently conveys such fee title by deed, unless a contrary intent is expresse…
Neb. Rev. Stat. § 76-275 Merger of lien with fee; subsequent conveyance; presumption; action to enforce lien, when barred.
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After one year from April 13, 1935, in all cases where before such date an interest in the fee title to any real estate in this state and an interest in a mortgage or other lien affecting the same interest have become vested in the same person and such person subsequently conveye…
Neb. Rev. Stat. § 76-275.01 Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; validity.
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Unless action is brought before September 7, 1948, to set aside the deed upon that ground, all deeds of conveyance executed by any person to himself or herself and the spouse of such person or by married persons direct to themselves as joint tenants with right of survivorship, wh…
Neb. Rev. Stat. § 76-275.02 Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; limitation of action.
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After September 7, 1948, no action may be maintained to set aside any deed of conveyance mentioned in section 76-275.01, which deed was executed and recorded prior to August 24, 1941, upon the ground that the grantor or grantors therein did not have the legal power and right to m…
Neb. Rev. Stat. § 76-275.03 Vacation of street or alley for more than ten years; effect of conveyance of adjoining platted lots.
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After one year from May 18, 1957, when (1) all or part of an adjoining street, avenue, or alley has been duly vacated under the applicable laws that all or a portion of such vacated street, avenue, or alley reverted to the owner of the adjoining platted lot, (2) a deed or deeds e…
Neb. Rev. Stat. § 76-275.04 Recitals; intent.
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When any instrument affecting title to real property is required by law to be recorded in any public record in order to be valid or effective or perfected either against all persons or against any person or persons or class of persons, and when any notice or statement concerning …
Neb. Rev. Stat. § 76-275.05 Recitals; validity; requirements.
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When any reference or recital is made in any recorded instrument as to any restriction, agreement, easement, mortgage or other encumbrance of any kind affecting real property, customarily created by recorded instrument or instrument of which a notice or statement provided by stat…
Neb. Rev. Stat. § 76-275.06 Plat of city or village lots; validity.
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When any plat of city or village lots in this state has been filed of record on or before January 1, 1937, and has not been vacated, it shall be conclusively presumed that the person filing such plat was, on the date of filing thereof, the owner, in fee simple, of the real estate…
Neb. Rev. Stat. § 76-275.07 Cotenancy; when presumed.
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When any conveyance of a present interest in real estate is made to more than one person and the grantees are named in the disjunctive, the conveyance shall be conclusively presumed to create a cotenancy in all the named grantees.
Neb. Rev. Stat. § 76-276 Mortgages; mortgagor retains legal title, when; security interest in rents; effect.
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In the absence of stipulations to the contrary, the mortgagor of real estate retains the legal title and right of possession thereof. This section shall not limit or otherwise affect the creation, provision, assignment, granting, or enforcement of a security interest in rents ari…
Neb. Rev. Stat. § 76-277 Conveyances; claims and improvements upon public lands; law applicable.
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Sections 76-201 to 76-281 and 76-2,126 apply to the conveyance of all claims and improvements upon the public lands.
Neb. Rev. Stat. § 76-278 United States patents and certificates; where recorded.
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All certificates of the register and receiver of any United States Land Office of the entry or purchase of any tract of land, and all letters patent of land from the United States lying in this state, shall be recorded in the county in which the land lies, and where any patent as…
Neb. Rev. Stat. § 76-279 Public lands; improvements; conveyances; effect.
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All deeds of quitclaim or other conveyance of all improvements upon public lands shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises…
Neb. Rev. Stat. § 76-280 Public lands; improvements; contracts to sell authorized.
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All contracts, promises, assumpsits or undertakings, either written or verbal, which shall be made in good faith and without fraud, collusion or circumvention, for sale, purchase or payment of improvements made on the lands owned by the government of the United States shall be de…
Neb. Rev. Stat. § 76-2801 Act, how cited.
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Sections 76-2801 to 76-2807 shall be known and may be cited as the Nebraska Security Instrument Satisfaction Act.
Neb. Rev. Stat. § 76-2802 Terms, defined.
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For purposes of the Nebraska Security Instrument Satisfaction Act: (1) Closing agent means a licensed title insurance agent as defined in section 44-19,108 designated by a title insurer to execute and file certificates of satisfaction pursuant to a designation of authority or a m…
Neb. Rev. Stat. § 76-2803 Secured creditor; record deed of reconveyance or release or satisfaction of security interest; failure to act; liability; beneficiary under deed of trust; liability.
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(1) A secured creditor shall, after the secured creditor receives full payment or performance of the secured obligation and receives a written request by the trustor, mortgagor, or grantor, as applicable, or the trustor's, mortgagor's, or grantor's successor in interest or design…
Neb. Rev. Stat. § 76-2804 Closing agent; certificate of satisfaction; execution and recordation authorized.
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A closing agent may, on behalf of a landowner or purchaser, execute a certificate of satisfaction that complies with the requirements of the Nebraska Security Instrument Satisfaction Act and record the certificate of satisfaction in the real property records of each county in whi…
Neb. Rev. Stat. § 76-2805 Certificate of satisfaction; contents; statutory form.
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(1) A certificate of satisfaction shall: (a) Identify the original parties to the security instrument, the landowner, the secured creditor, the record holder of the security instrument, if different from the secured creditor, the recording data for the security instrument, and a …
Neb. Rev. Stat. § 76-2806 Closing agent; notification to secured creditor; contents; statutory form.
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(1) At least sixty days in advance of recording a certificate of satisfaction, a closing agent shall notify the secured creditor that the closing agent has the authority to execute and record a certificate of satisfaction of the security interest. The notification shall include: …
Neb. Rev. Stat. § 76-2807 Certificate of satisfaction; recording; effect; wrongful recording; remedy; liability; designation of authority; recording.
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(1) A certificate of satisfaction complying with the Nebraska Security Instrument Satisfaction Act is evidence of the facts contained in it, shall be accepted for recording in the county in which the security instrument is recorded, and, upon recording, operates as a satisfaction…
Neb. Rev. Stat. § 76-281 Patent issued to deceased person; effect.
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Where patents for public lands have been or may be issued, in pursuance of any law of the State of Nebraska, to a person who has died, the title to the land designated therein shall inure to and become vested in the heirs, devisees or assignees of such deceased patentee as if the…
Neb. Rev. Stat. § 76-282 Public lands; entry by purchaser at sale by county court; rights under patent issued to original claimant.
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Whenever any person referred to in the third section of the Act of Congress entitled "An act to provide for the location of certain confirmed land claims in the State of Missouri, and for other purposes," approved June 21, 1828 (11 Statutes at Large, 294 and 295), has had a priva…
Neb. Rev. Stat. § 76-283 Town lots; equitable owners; failure to demand deed within three years; effect.
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All persons who shall be or may become the owners of any equities of title in and to any town lot or lots or land within any incorporated town or city in this state, by virtue of which they shall be entitled to demand and receive from the corporate authorities a title in fee simp…
Neb. Rev. Stat. § 76-284 Town lots; section, how construed.
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Section 76-283 shall be construed to apply to rights acquired previous to the entry of the land; and in no case to the rights of parties acquired under or by virtue of any tax sale.
Neb. Rev. Stat. § 76-285 Public lands; occupation as townsite; entry, when authorized.
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In all cases in which any of the public land of the United States has been or shall be selected and occupied as a townsite, if the inhabitants of such townsite shall be at the time incorporated, it shall be the duty of the corporate authorities of such city or village, or if not …
Neb. Rev. Stat. § 76-286 Public lands; entry as townsite; deeds; to whom made.
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When a townsite is entered under the Act of Congress mentioned in section 76-285, deeds shall be made by the proper corporate officers or by the county judge and their successors in office to the inhabitants of such townsite, according to their respective rights or to the purchas…
Neb. Rev. Stat. § 76-287 Public lands; occupation as townsite; deeds validated.
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All deeds made prior to July 5, 1907, for such townsite, lots or lands therein situated, made by corporate officers or county judges, are declared to be valid.
Neb. Rev. Stat. § 76-288 Marketable record title; unbroken chain of title of record twenty-two years or longer; exceptions.
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Any person having the legal capacity to own real estate in this state, who has an unbroken chain of title to any interest in real estate by such person and his or her immediate or remote grantors under a deed of conveyance which has been recorded for a period of twenty-two years …
Neb. Rev. Stat. § 76-289 Unbroken chain of title; title transaction, defined.
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A person shall be deemed to have the unbroken chain of title to an interest in real estate as such terms are used in sections 25-207, 25-213, 40-104, and 76-288 to 76-298 when the official public records of the county wherein such land is situated disclose a conveyance or other t…
Neb. Rev. Stat. § 76-290 Marketable record title; claim; limitation.
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Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty-…
Neb. Rev. Stat. § 76-2901 Manufactured home or mobile home; deemed real property.
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For purposes of a bankruptcy plan under 11 U.S.C. chapter 13, a manufactured home or a mobile home shall be deemed real property under subdivision (b)(2) of 11 U.S.C. 1322, as such section existed on July 18, 2008.
Neb. Rev. Stat. § 76-291 Claim; notice; who may file.
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The notice mentioned in section 76-290 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is under disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot …
Neb. Rev. Stat. § 76-292 Claim; requisites; recorded.
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The claim referred to in sections 76-290 and 76-291 shall be filed in each county where the claimed real estate, or any part thereof, is located, and must set forth the legal description of the real estate affected by such claim together with a statement of the nature of the clai…
Neb. Rev. Stat. § 76-293 Notices; recording.
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The register of deeds of each county shall accept all such notices which describe real estate located within the county which he serves and shall enter and record such notices in full among miscellaneous instruments and index the same.
Neb. Rev. Stat. § 76-294 Possession; proof by affidavit; recording.
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For the purpose of sections 25-207, 25-213, 40-104, and 76-288 to 76-298, the fact of possession of real estate referred to in section 76-288 may be shown of record by one or more affidavits which shall contain the legal description of the real estate referred to and show that th…
Neb. Rev. Stat. § 76-295 Statutes of limitations; not extended; applicability of sections.
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Nothing contained in sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall be construed to extend the period for bringing an action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of …
Neb. Rev. Stat. § 76-296 Notices; slander of title; damages.
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No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to real estate and in any action brought for the purpose of quieting title to real estate, if the court shall find that any person has filed a claim for the purpose only of sland…
Neb. Rev. Stat. § 76-297 Sections; how construed.
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Sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall be construed to effect the legislative purpose of simplifying and facilitating real estate title transactions by allowing persons to deal with the record title owner as defined herein and to rely upon the record title co…
Neb. Rev. Stat. § 76-298 Sections; applicability.
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Sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall not be (1) applied to bar (a) the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required; (b) the rights of…
Neb. Rev. Stat. § 76-299 Reverter or rights of entry for breach of condition subsequent; not alienable or devisable.
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Possibilities of reverter or rights of entry or reentry for breach of condition subsequent are hereby declared to be future interests and shall not be alienable or devisable; and no conveyance thereof made after May 15, 1959, shall operate in favor of the grantee or persons claim…
Neb. Rev. Stat. § 76-3001 Terms, defined.
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For purposes of sections 76-3001 to 76-3004: (1) Decommissioning security means a security instrument that is posted or given by a wind developer to a municipality or other governmental entity to ensure sufficient funding is available for removal of a wind energy conversion syste…