(1) Except as otherwise provided in this section, the rules applicable to a civil action apply to a proceeding to foreclose liens under sections 52-125 to 52-159.
(2) In a proceeding to foreclose a lien, all claimants having recorded liens may join as plaintiffs and those who do not join as plaintiffs may be joined as defendants. Any person who records a lien or acquires an interest in real estate after the commencement of the foreclosure proceeding may be made a defendant before judgment.
(3) The court shall determine the amount due or owing to each claimant and direct foreclosure of the liens against the real estate. Foreclosure may be by any method available for foreclosure of security interests in real estate, or otherwise, as ordered by the court.
Notes of Decisions
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 621 N.W.2d 502 (Neb. 2001).
· cites it 4× “Tilt-Up’s argument, however, is contrary to the plain language of § 52-155. That section quite specifically does not limit the district court to the mortgage foreclosure statutes, but instead provides that the district court may utilize any method available for foreclosure,…”
RM Campbell Indus. v. Midwest Renewable Energy, 886 N.W.2d 240 (Neb. 2016).
· cites it 2× “” The district court and Campbell rely on Tilt-Up Concrete v. Star City/Federal,14 which holds that a construction lien did not eliminate a contractor’s common-law right to sue for breach of contract.”
Lund-Ross Constructors v. Vecino Nat. Bridge, LLC (D. Neb. 2023).
· cites it 2× “1-2), seeking to enforce its construction lien on the project under Neb. Rev. Stat. § 52-155 and alleging breach of contract, quantum meruit, and unjust enrichment.”
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024).
“6 See § 52-155. - 201 - Nebraska Supreme Court Advance Sheets 316 Nebraska Reports NORE ELECTRIC V.”
Fru-Con Constr. Corp. v. Controlled Air (8th Cir. 2009).
“Of course, federal courts routinely interpret and apply state law. Frequently, as in this appeal, statutes from more than one state are in play in a single piece of litigation.”
— Neb. Rev. Stat. § 52-155(3) — 1 case
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 621 N.W.2d 502 (Neb. 2001).
“Tilt-Up’s argument, however, is contrary to the plain language of § 52-155. That section quite specifically does not limit the district court to the mortgage foreclosure statutes, but instead provides that the district court may utilize any method available for foreclosure,…”
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