If the court, upon the return of any writ of execution or order of sale for the satisfaction of which any lands and tenements have been sold, after having carefully examined the proceedings of the officer, is satisfied that the sale has in all respects been made in conformity to the provisions of this chapter and that the property was sold for fair value, under the circumstances and conditions of the sale, or that a subsequent sale would not realize a greater amount, the court shall enter upon the record an order that the court is satisfied of the legality of such sale, and an order that the officer make the purchaser a deed of such lands and tenements. Prior to the confirmation of sale pursuant to this section, the party seeking confirmation of sale shall, except in the circumstances described in section 40-103, provide notice to the debtor informing him or her of the homestead exemption procedure available pursuant to Chapter 40, article 1. The notice shall be given by certified mailing at least ten days prior to any hearing on confirmation of sale. The officer on making such sale may retain the purchase money in his or her hands until the court has examined his or her proceedings as aforesaid, when he or she shall pay the same to the person entitled thereto, agreeable to the order of the court. If such sale pertains to mortgaged premises being sold under foreclosure proceedings and the amount of such sale is less than the amount of the decree rendered in such proceedings, the court may refuse to confirm such sale, if, in its opinion, such mortgaged premises have a fair and reasonable value equal to or greater than the amount of the decree. The court shall in any case condition the confirmation of such sale upon such terms or under such conditions as may be just and equitable. The judge of any district court may confirm any sale at any time after such officer has made his or her return, on motion and ten days' notice to the adverse party or his or her attorney of record, if made in vacation, and such notice shall include information on the homestead exemption procedure available pursuant to Chapter 40, article 1. When any sale is confirmed in vacation the judge confirming the same shall cause his or her order to be entered on the record by the clerk. Upon application to the court by the judgment debtor within sixty days after the confirmation of any sale confirmed pursuant to this section, such sale shall be set aside if the court finds that the party seeking confirmation of sale failed to provide notice to the judgment debtor regarding homestead exemption procedures at least ten days prior to the confirmation of sale as required by this section.
Notes of Decisions
Fox v. . Whitbeck, 835 N.W.2d 638 (Neb. 2013).
· cites it 4× “It made the following determinations: (1) the prop- erty was sold for a fair price; (2) no irregularities in the execu- tion sale precluded confirmation; and (3) the requirements for confirming an execution sale under Neb. Rev. Stat. § 25-1531 (Reissue 2008) were satisfied.”
DESTINY 98 TD v. Miodowski, 693 N.W.2d 278 (Neb. 2005).
· cites it 16× “This appeal presents the issue of whether a party seeking confirmation of a judicial sale in a tax sale certificate foreclosure proceeding is required to give notice of statutory homestead exemption procedures pursuant to Neb. Rev. Stat. § 25-1531 (Reissue 1995).”
Travelers Indem. Co. v. Heim, 352 N.W.2d 921 (Neb. 1984).
· cites it 5× “” Confirmation of foreclosure sales is governed by Neb. Rev. Stat. § 25-1531 (Supp. 1983), which provides in part: If the court.”
Leseberg v. Meints, 399 N.W.2d 784 (Neb. 1987).
· cites it 4× “On April 23, 1985, the defendant David Meints filed an “application” alleging that the plaintiffs had not complied with Neb. Rev. Stat. §§ 25-1531 (Reissue 1985) and 40-103 (Reissue 1984), and requested that the sale be set aside as required by § 25-1531.”
KLH Ret. Plan., Ltd. v. Okwumuo, 642 N.W.2d 801 (Neb. 2002).
· cites it 2× “Section 25-1531 requires a court to carefully examine the proceedings and “be satisfied that the sale has in all respects been made in conformity to the provisions of this chapter” before *767 confirming a mortgage foreclosure sale.”
Deutsche Bank Nat. Trust Co. v. Siegel, 777 N.W.2d 259 (Neb. 2010).
· cites it 2× “" Neb.Rev.Stat. § 25-1531 (Reissue 2008). It is the general rule that confirmation of judicial sales rests largely within the discretion of the trial court, and will not be reviewed except for manifest abuse of such discretion.”
Omaha Mun. Land Bank v. Ekwen, 30 Neb. Ct. App. 209 (Neb. Ct. App. 2021).
· cites it 5× “Under Neb. Rev. Stat. § 25-1531 (Cum. Supp. 2020), a court errs in confirming a mortgage foreclosure sale when the facts show that the mortgagee did not comply with the notification requirements of Neb.”
Travelers Indem. Co. v. Heim, 388 N.W.2d 106 (Neb. 1986).
· cites it 2× “” See, also, Neb. Rev. Stat. § 25-1531 (Cum. Supp. 1984) (order for distribution of proceeds from judicial sale after foreclosure of mortgage).”
Nebraska State Bank & Trust Co. v. Wright, 331 N.W.2d 535 (Neb. 1983).
· cites it 2× “Assigned errors 2, 3, and 6 are considered together, as they urge that the first sale was properly conducted, Neb. Rev. Stat. § 25-1531 (Reissue 1979), *826 and that the buyer could not rely on the representations made by the county sheriff.”
First Nat. Back of York v. Critel, 555 N.W.2d 773 (Neb. 1996).
· cites it 2× “*132 Confirmation of Sale Neb. Rev. Stat. § 25-1531 (Reissue 1995) sets forth the requirements for confirmation of a sale: If the court, upon the return of any writ of execution, or order of sale for the satisfaction of which any lands and tenements have been sold, shall, after…”
Cnty. of Scotts Bluft v. Bristol, 68 N.W.2d 197 (Neb. 1955).
“It was proper for the trial court to conclude that the property did not sell for its fair value, and that the amount bid at the sale was inadequate. If it had been advised of the facts when confirmation was requested it would have been the duty of the court to have refused…”
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