Neb. Rev. Stat. » Chapter 52
Nebraska Revised Statutes

Neb. Rev. Stat. § 52-140 (2026)

Duration of lien; demand to institute judicial proceedings; continuation of lien during pendency of proceeding

✓ current as of July 2026
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(1) Except as provided in subsections (2) and (3) of this section, a lien that has become enforceable as provided in sections 52-125 to 52-159 continues enforceable for two years after recording of the lien.

(2) Except as provided in subsection (3) of this section, if an owner, holder of a security interest, or other person having an interest in the real estate gives the claimant written demand to institute a judicial proceeding within thirty days, the lien lapses unless within thirty days after receipt of the written demand, the claimant institutes judicial proceedings or records an affidavit that the total contract price is not yet due under the contract for which he or she recorded the lien.

(3) If a judicial proceeding to enforce a lien is instituted while a lien is effective under subsection (1) or (2) of this section, the lien continues during the pendency of the proceeding.

Notes of Decisions
Cited in 4 cases, 2007–2020 · leading case: In Re WorldCom, Inc., 362 B.R. 96 (Bankr. S.D.N.Y. 2007).
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In Re WorldCom, Inc., 362 B.R. 96 (Bankr. S.D.N.Y. 2007). · cites it 4× “Neb.Rev.Stat. § 52-140. A mechanic’s lien lapses if the holder fails to bring suit to foreclose during that two-year period.”
Goes v. Vogler, 304 Neb. 848 (Neb. 2020). · cites it 2× “S-18-1203, the trial court found that Franklin’s lien was tardy and unenforceable pursuant to Neb. Rev. Stat. § 52-140 (Reissue 2010); however, the district court repeated its award against the Voglers and in favor of Shelton, but allocated $15,000 of Shelton’s award to Franklin…”
LBM Fin., LLC v. 201 Forest Street, LLC (In Re 201 Forest Street, LLC), 422 B.R. 888 (1st Cir. BAP 2010). “at 103 (citing Neb.Rev.Stat. § 52-140). The debtors in that case argued that "merely filing the Foreclosure Action is within the purview of section[] 362(b)(3) .”
Goes v. Vogler, 304 Neb. 848 (Neb. 2020). · cites it 2× “S-18-1203, the trial court found that Franklin’s lien was tardy and unenforceable pursuant to Neb. Rev. Stat. § 52-140 (Reissue 2010); however, the district court repeated its award against the Voglers and in favor of Shelton, but allocated $15,000 of Shelton’s award to Franklin…”
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