Neb. Rev. Stat. » Chapter 77
Nebraska Revised Statutes

Neb. Rev. Stat. § 77-1909 (2026)

Foreclosure proceedings; decree; contents; attorney's fees

✓ current as of July 2026
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In its decree, the court shall ascertain and determine the amount of taxes, special assessments, and other liens, interest, and costs chargeable to each particular item of real property, excluding any lien on real estate for special assessments levied by any community improvement district or sanitary and improvement district which special assessments have not been previously offered for sale by the county treasurer, and award to the plaintiff an attorney's fee, unless waived by the plaintiff, in an amount equal to ten percent of the amount due plus, for good cause shown, reasonable attorney's fees in excess of the ten percent, which shall be taxed as part of the costs in the action and apportioned equitably as other costs.

Notes of Decisions
Cited in 4 cases, 1995–2015 · leading case: Neun v. Ewing, 290 Neb. 963 (Neb. 2015).
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Neun v. Ewing, 290 Neb. 963 (Neb. 2015). · cites it 2× “During the pendency of a foreclo- sure action any person entitled to redeem any lot or Nebraska Advance Sheets 970 290 NEBRASKA REPORTS parcel may do so by paying to the court the amount due with interest and costs, including attorney’s fees, provided for in section 77-1909, if…”
Ina Grp., LLC v. Young, 716 N.W.2d 733 (Neb. 2006). · cites it 2× “See § 77-1909. Twenty days following the district court’s decree of foreclosure, the plaintiff is entitled to an order of sale, which must be issued within 10 years following the date of the decree.”
KLH Ret. Plan., Ltd. v. Cejka, 530 N.W.2d 279 (Neb. Ct. App. 1995). · cites it 2× “Section 77-1909 provides that costs are to be assessed against the real estate and a 10-percent attorney fee awarded to the plaintiff and taxed as part of the costs of the foreclosure action.”
Buffalo Cnty. v. Kizzier, 548 N.W.2d 753 (Neb. 1996). · cites it 3× “Neb. Rev. Stat. § 77-1909 (Cum. Supp. 1994) provides: In its decree, the court shall ascertain and determine the amount of taxes, special assessments, and other liens, interest, and costs chargeable to each particular item of real property and award to the plaintiff an…”
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