Neb. Rev. Stat. » Chapter 40
Nebraska Revised Statutes

Neb. Rev. Stat. § 40-103 (2026)

Homestead; exemption; when inoperative

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

The homestead is subject to execution or forced sale in satisfaction of judgments obtained (1) on debts secured by mechanics', laborers', or vendors' liens upon the premises and (2) on debts secured by mortgages or trust deeds upon the premises executed and acknowledged by a claimant.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1932–2025 · leading case: Fed. Land Bank of Omaha v. Blankemeyer, 422 N.W.2d 81 (Neb. 1988).
Sort: Relevance Newest Treatment
Fed. Land Bank of Omaha v. Blankemeyer, 422 N.W.2d 81 (Neb. 1988). · cites it 11× “The Blankemeyers assert the district court erred in failing to find Neb. Rev. Stat. § 40-103 (Reissue 1984), which provides that the “homestead is subject to execution or forced sale in satisfaction of judgments *250 obtained .”
DESTINY 98 TD v. Miodowski, 693 N.W.2d 278 (Neb. 2005). · cites it 8× “ASSIGNMENTS OF ERROR Bel Fury assigns that the district court erred in (1) determining that § 25-1531 and Neb. Rev. Stat. § 40-103 (Reissue 2004) are applicable to the sale of real estate pursuant to the foreclosure of a tax sale certificate under Neb.”
Travelers Indem. Co. v. Heim, 352 N.W.2d 921 (Neb. 1984). · cites it 2× “Heims’ application to set aside the confirmed sale was based on § 25-1531, which provides: 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…”
Ehlers v. Campbell, 66 N.W.2d 585 (Neb. 1954). · cites it 4× “” Section 40-103, R. R. S. 1943, provides in part that *331 the homestead is subject to execution or forced sale in satisfaction of judgments obtained on debts secured by mechanics’, laborers’, or vendors’ liens.”
Corn Belt Prods. Co. v. Mullins, 110 N.W.2d 845 (Neb. 1961). “§ 40-103, R. R. S. 1943. A homestead right would not arise and attach to the title or interest of the defendants acquired under the contract with Corn Belt Products Company as against the enforcement of the consideration provided for in that contract.”
Schroeder v. Ely, 73 N.W.2d 172 (Neb. 1955). · cites it 2× “)” May the Elys select as their homestead a 1-acre tract together with the residence thereon and segregate it from the balance of the 18 acres and hold it exempt against subsequent judgment obtained against them? Generally the answer is yes unless the judgment is obtained for a…”
In re Roberts, 215 B.R. 197 (Bankr. D. Neb. 1997). · cites it 2× “That statute states: *200 If the homestead be conveyed by the claimant, or sold for the-satisfaction of any lien mentioned in Section 40-103, the proceeds of such sale, beyond the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead…”
Mancuso v. State, 242 N.W. 430 (Neb. 1932). · cites it 4× “” Section 40-103, Comp. St. 1929, makes homestead subject to execution or forced sale in satisfaction of judgments obtained for debts secured by mechanics’, laborers’, or vendors’ liens upon the premises, and on debts secured by mortgages executed and acknowledged by both…”
Travelers Ins. v. Nelson, 546 N.W.2d 333 (Neb. Ct. App. 1996). · cites it 13× “Neb. Rev. Stat. § 40-103 (Reissue 1993) precludes a debtor’s homestead exemption when the underlying debt is secured “by mortgages upon the premises executed and acknowledged by both husband and wife.”
Miles Homes, Inc. v. Muhs, 169 N.W.2d 691 (Neb. 1969). · cites it 6× “"The homestead is subject to * * * forced sale in satisfaction of judgments obtained (1) on debts secured by mechanics', laborers', or vendors' liens upon the premises; and (2) on debts secured by mortgages upon the premises executed and acknowledged by both husband and wife, or…”
Homebuyers Inc. v. Watkins (Neb. Ct. App. 2019). · cites it 2× “” Neb. Rev. Stat. § 40-103 (Reissue 2016). - 12 - Here, the Watkinses, as husband and wife, executed the deed of trust for the benefit of Wells Fargo.”
Page v. Siedband (Neb. Ct. App. 2023). · cites it 2× “” Neb. Rev. Stat. § 40-103 (Reissue 2016). This statutory scheme has no bearing or relevance on the issues of this case, and it does not give rise to a claim against appellees.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.