Nebraska Revised Statutes
Neb. Rev. Stat. § 25-2140 (2026)
Decree; effect upon right to recover for debt
✓ current as of July 2026
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After a complaint for foreclosure or satisfaction of a mortgage is filed, while the same is pending, and after a decree is rendered thereon, no proceedings whatever shall be had at law for the recovery of the debt secured by the mortgage, or any part thereof, unless authorized by the court.
Notes of Decisions
Cited in 6
cases, 1971–2012 · leading case: Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 621 N.W.2d 502 (Neb. 2001).
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 621 N.W.2d 502 (Neb. 2001). “§ 52-157 (Reissue 1998), and (4) Tilt-Up’s action was barred by the doctrine of election of remedies. *67 ANALYSIS We initially note that Tilt-Up’s appellate arguments are exclusively directed at its theory of recovery for breach of contract and do not address its claim for a…”
Mid Kansas Fed. Sav. & Loan Ass'n of Wichita v. Dynamic Dev. Corp., 804 P.2d 1310 (Ariz. 1991). “, Neb. Rev. Stat. §§ 25-2140 and 25-2143 (1989); N.”
Royal Palm Corp. Ctr. Ass'n v. PNC Bank, NA, 89 So. 3d 923 (Fla. 4th DCA 2012). “Code § 71 — 1— 22 (one action); Neb.Rev.Stat. § 25-2140 (consecutively); N.”
Carman v. Gibbs, 371 N.W.2d 283 (Neb. 1985). “There is no conflict, in the face of its plain language, between chapter 41, Laws 1933, and other provisions of the law with regard to actions at law before, during or subsequent to foreclosure under authority of the court.”
Aetna Life Ins. Co. v. David R. Anderson, 848 F.2d 104 (8th Cir. 1988). “” Neb.Rev.Stat. § 25-2140 (Reissue 1985).”
Rutt v. Frank, 186 N.W.2d 911 (Neb. 1971). “The court in its findings of fact gives permission to the plaintiff under the provisions of section 25-2140, R. R. S. 1943, to proceed for recovery on the note, but as already noted, gave the plaintiff the election either to proceed in this action or to file a new action.”
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