Right to reinstate within one month of the notice of default
Neb. Rev. Stat. § 76-1012(1)
In plain words
After a notice of default is recorded on a Nebraska trust deed, you have one month (two months for some farm property) to pay what is due — as if there had been no acceleration — plus allowed costs. The trust deed is then reinstated.
Who is protected
Trustors and junior lienholders under a Nebraska trust deed.
When it applies
- Only in Nebraska.
- Only after a notice of default.
What you can do
Put the deadline on your calendar
Enter the date on your notice so Techoclaro can count the days and remind you.
Open the toolAsk for the reinstatement figure
Request it in writing from the trustee.
Deadline: Within one month after the notice of default is recorded
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- No redemption after a nonjudicial trustee sale.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawReinstatement after default
Neb. Rev. Stat. § 76-1012(1)
Exact part: (1)
What it says: Within one month of the notice of default, paying the amount due reinstates the trust deed.
Read the official texthttps://nebraskalegislature.gov/laws/statutes.php?statute=76-1012 - State lawOne month before notice of sale
Neb. Rev. Stat. § 76-1006(1)(c)
Exact part: (1)(c)
What it says: Notice of sale may be given only after one month (two for some farm property).
Read the official texthttps://nebraskalegislature.gov/laws/statutes.php?statute=76-1006
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Fair-market-value cap on a deficiency
Neb. Rev. Stat. § 76-1013
If a lender sues for a deficiency after a Nebraska trustee sale, the court must find the property’s fair market value on the sale date, and the judgment cannot exceed the debt (with costs) minus that value.
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U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
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U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
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11 U.S.C. § 1322(b)(5)
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15 U.S.C. § 1692e
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