(1) The
sheriff shall sell the real property in the same manner provided by law for
a sale on execution and shall at once pay the proceeds thereof to the clerk
of the district court. Any governmental subdivision of the state, municipal
corporation, or drainage or irrigation district to which any part of the taxes
included in the decree of foreclosure is due may purchase any real property
sold at sheriff's sale. The provisions of the law for the protection of the
purchasers at tax sales shall apply to purchasers at foreclosure sales provided
for in this section. The sheriff or officer conducting the sale shall not
be entitled to any commission on the money received and paid out on foreclosure
sales provided for herein.
(2) The sheriff
or officer conducting the sale may, for any cause he or she deems expedient,
postpone the sale of all or any portion of the real property from time to
time until it is completed, and in every such case, notice of postponement
shall be given by public declaration thereof by the sheriff or officer at
the time and place last appointed for the sale. The public declaration of
the notice of postponement shall include the new date, time, and place of
sale. No other notice of the postponed sale need be given unless the sale
is postponed for longer than forty-five days beyond the day designated in
the notice of sale, in which event notice shall be given in the same manner
as the original notice of sale is required to be given.
Notes of Decisions
KLH Ret. Plan., Ltd. v. Okwumuo, 642 N.W.2d 801 (Neb. 2002).
· cites it 2× “Neb. Rev. Stat. § 77-1912 (Reissue 1996) governs the procedures for a sheriff’s sale of real property after a foreclosure order for delinquent taxes.”
DESTINY 98 TD v. Miodowski, 693 N.W.2d 278 (Neb. 2005).
· cites it 3× “” Section 77-1912 provides, with respect to a tax foreclosure, that the “sheriff shall sell the real property in the same manner provided by law for a sale on execution.”
Omaha Mun. Land Bank v. Ekwen, 30 Neb. Ct. App. 209 (Neb. Ct. App. 2021).
· cites it 4× “Ekwen further alleged that the Bank and the County failed to make diligent investigation and inquiry into his whereabouts; there was no return of service showing any attempts to serve him in any manner prior to the order for service by publication; notice of the sheriff’s sale…”
Bordy v. Smith, 34 N.W.2d 331 (Neb. 1948).
· cites it 2× “The stipulated facts are that defendant and appellant, Robert Smith, as clerk of the district court for Douglas *273 County, received from the sheriff of said county, pursuant to the provisions of section 77-1912, R. S. 1943, the proceeds of.”
Ina Grp., LLC v. Young, 716 N.W.2d 733 (Neb. 2006).
“See § 77-1912. Governmental subdivisions may purchase the property.”
Buffalo Cnty. v. Kizzier, 548 N.W.2d 753 (Neb. 1996).
· cites it 4× “The claim rests upon Neb. Rev. Stat. § 77-1912 (Cum. Supp. 1994), which provides, in part, that in a sheriffs sale pursuant to foreclosure proceedings, “[t]he sheriff shall sell the real property in the same manner provided by law for a sale on execution and shall at once pay…”
— Neb. Rev. Stat. § 77-1912(1) — 1 case
Omaha Mun. Land Bank v. Ekwen, 30 Neb. Ct. App. 209 (Neb. Ct. App. 2021).
“Ekwen further alleged that the Bank and the County failed to make diligent investigation and inquiry into his whereabouts; there was no return of service showing any attempts to serve him in any manner prior to the order for service by publication; notice of the sheriff’s sale…”
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