(1) The purchaser at the sale shall forthwith pay the price bid, and upon receipt of payment, the trustee shall execute and deliver his or her deed to such purchaser. The trustee's deed may contain recitals of compliance with the requirements of the Nebraska Trust Deeds Act relating to the exercise of the power of sale and sale of the property described therein, including recitals concerning any mailing, personal delivery, and publication of the notice of default, any mailing and the publication and posting of notice of sale, and the conduct of sale. Such recitals shall constitute prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value and without notice.
(2) The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest, and claim of the trustor and his or her successors in interest and of all persons claiming by, through, or under them, in and to the property sold, including all such right, title, interest, and claim in and to such property acquired by the trustor or his or her successors in interest subsequent to the execution of the trust deed. All right, title, interest, and claim of the trustor and his or her successors in interest, and of all persons claiming by, through, or under them, in and to the property sold, including all such right, title, interest, and claim in and to such property acquired by the trustor or his or her successors in interest subsequent to the execution of the trust deed, shall be deemed to be terminated as of the time the trustee or the attorney for the trustee accepts the highest bid at the time of the sale.
Notes of Decisions
Cited in
9
cases, 1997–2020 · leading case:
Gilroy v. Ryberg, 667 N.W.2d 544 (Neb. 2003).
Gilroy v. Ryberg, 667 N.W.2d 544 (Neb. 2003).
· cites it 11× “” Cynthia equates “forthwith,” as used in § 76-1010(1), with “immediately.”
Klein v. Oakland/Red Oak Holdings, 883 N.W.2d 699 (Neb. 2016).
· cites it 3× “535 the district court cited Neb. Rev. Stat. § 76-1010 (2) (Reissue 2009), which provides in part: The trustee’s deed shall operate to convey to the pur- chaser, without right of redemption, the trustee’s title and all right, title, interest, and claim of the trustor and his or…”
Cmty. Dev. Agency v. PRP HOLDINGS, 767 N.W.2d 68 (Neb. 2009).
· cites it 6× “The court determined that under Neb.Rev.Stat. § 76-1010(2) (Cum.Supp.2008), PRP acquired all right, title, and interest of YMCA in the redevelopment contract through the trustee's sale.”
Bank of Papillion v. Ky Thi Nguyen, 567 N.W.2d 166 (Neb. 1997).
· cites it 2× “" § 76-1010(1). Thus, during the period from May 27, when the original trustee's deed was recorded, until September 7, when the property was sold to a third party, the Bank was the fee simple owner of record in actual possession of the property.”
Matter of Jones, 214 B.R. 492 (Bankr. D. Neb. 1997).
· cites it 2× “The fact that a deed to the purchaser had not been delivered does not mean that the debtors still had sufficient interest in the property to, in effect, cause this court to set aside the sale and treat the debtors as the owners of the property.”
Miller v. Farmers & Merchants Bank (Neb. Ct. App. 2016).
· cites it 3× “In addition, Neb. Rev. Stat. § 76-1010 (1) (Reissue 2009) allows the trustee’s deed to confer additional protection against attacks on the sale, providing in relevant part: The trustee’s deed may contain recitals of compliance with the requirements of sections 76- 1001 to…”
Homebuyers Inc. v. Watkins (Neb. Ct. App. 2019).
· cites it 3× “Neb. Rev. Stat. § 76-1010 (Reissue 2018) provides: (2) The trustee’s deed shall operate to convey to the purchaser, without right of redemption, the trustee’s title and all right, title, interest, and claim of the trustor and his or her successors in interest and of all persons…”
Anderson v. Bank of the West (D. Neb. 2020).
· cites it 2× “Bank contends Anderson has not alleged any facts that would render the sale void or voidable. According to U.S. Bank, any alleged violations of federal law are not grounds to unwind a judicial sale under Ryberg because they do not impact the validity of the sale under the Act.”
Rick D. Lange v. Robert C. Schropp (8th Cir. BAP 2006).
“Nevertheless, as the bankruptcy court held, until the property is actually sold at foreclosure, the borrower still owns the property and may pay the note in full, thereby causing a release of the deed of trust lien and the borrower’s retaining all ownership rights.”
— Neb. Rev. Stat. § 76-1010(1) — 3 cases
Gilroy v. Ryberg, 667 N.W.2d 544 (Neb. 2003).
“” Cynthia equates “forthwith,” as used in § 76-1010(1), with “immediately.”
Bank of Papillion v. Ky Thi Nguyen, 567 N.W.2d 166 (Neb. 1997).
“" § 76-1010(1). Thus, during the period from May 27, when the original trustee's deed was recorded, until September 7, when the property was sold to a third party, the Bank was the fee simple owner of record in actual possession of the property.”
Miller v. Farmers & Merchants Bank (Neb. Ct. App. 2016).
“In addition, Neb. Rev. Stat. § 76-1010 (1) (Reissue 2009) allows the trustee’s deed to confer additional protection against attacks on the sale, providing in relevant part: The trustee’s deed may contain recitals of compliance with the requirements of sections 76- 1001 to…”
— Neb. Rev. Stat. § 76-1010(2) — 2 cases
Cmty. Dev. Agency v. PRP HOLDINGS, 767 N.W.2d 68 (Neb. 2009).
“The court determined that under Neb.Rev.Stat. § 76-1010(2) (Cum.Supp.2008), PRP acquired all right, title, and interest of YMCA in the redevelopment contract through the trustee's sale.”
Klein v. Oakland/Red Oak Holdings, 883 N.W.2d 699 (Neb. 2016).
“535 the district court cited Neb. Rev. Stat. § 76-1010 (2) (Reissue 2009), which provides in part: The trustee’s deed shall operate to convey to the pur- chaser, without right of redemption, the trustee’s title and all right, title, interest, and claim of the trustor and his or…”
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