(1) Any person entitled to redeem real property may do so at any time prior to the institution of foreclosure proceedings by paying the county treasurer for the use of such holder of a tax sale certificate or his or her heirs or assigns the sum mentioned in his or her certificate, with interest thereon at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the date of purchase to the date of redemption, together with all other taxes subsequently paid, whether for any year or years previous or subsequent to the sale, and interest thereon at the same rate from the date of such payment to the date of redemption.
(2) Any person entitled to redeem real property may do so at any time after the decree of foreclosure and before the final confirmation of the sale by paying to the clerk of the district court the amount found due against the property, with interest and costs to the date of redemption and, in addition thereto, when the real property has been sold at sheriff's sale to a purchaser other than the plaintiff, any subsequent taxes paid by such purchaser, as shown by tax receipts filed by such purchaser with the clerk of the district court, with interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the date or dates of payment of such taxes, and also interest on the purchase price at the same rate, for the use of the purchaser, from the date of sale to the date of redemption. During the pendency of a foreclosure action any person entitled to redeem any lot or 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 requested in the foreclosure complaint. Within thirty days after receipt of payment of all amounts due, the holder of the tax sale certificate shall dismiss its claim in the foreclosure proceeding with respect to any redeemed tax sale certificate. The holder of the tax sale certificate shall be required to provide the county treasurer with written notice that a foreclosure suit has been instituted and provide the county treasurer with an affidavit setting forth the costs incurred in the foreclosure action and indicating whether attorney's fees were requested in the foreclosure complaint.
(3) The person redeeming any lot or parcel shall be required to provide the county treasurer with an appropriate receipt evidencing the payment to the court of the amount due with interest and costs and the holder of the tax sale certificate shall file with the county treasurer notice of its dismissal of the claim in the foreclosure proceeding.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1950–2021 · leading case:
Neun v. Ewing, 290 Neb. 963 (Neb. 2015).
Neun v. Ewing, 290 Neb. 963 (Neb. 2015).
· cites it 17× “§ 77-1824 (Reissue 2009) and were advised by both the Treasurer and Determan that the only avenue of redemption available to Appellants was Neb. Rev. Stat. § 77-1917 (Reissue 2009), which, unlike § 77-1824, required payment of costs and attorney fees.”
Cnty. of Lancaster v. Maser, 400 N.W.2d 238 (Neb. 1987).
· cites it 3× “) Neb. Rev. Stat. § 77-1917 (Reissue 1986) in part recites: “Any person, entitled to redeem any lot or parcel of land, may do so at any time after the decree of foreclosure and before the final confirmation of the sale .”
HBI, L.L.C. v. Barnette, 305 Neb. 457 (Neb. 2020).
· cites it 2× “In Neun, property owners attempted to redeem their property after a foreclosure action had been filed using the procedure set forth in § 77-1824, authorizing redemption from a tax sale prior to the issuance of a tax deed.”
DESTINY 98 TD v. Miodowski, 693 N.W.2d 278 (Neb. 2005).
· cites it 2× “Section 77-1917, which confers the right to redeem real property which is subject to a tax foreclosure “at any time after the decree of foreclosure and before the final confirmation of the sale,” includes no reference to a homestead exemption.”
Ina Grp., LLC v. Young, 716 N.W.2d 733 (Neb. 2006).
“See § 77-1917. Regardless of whether the foreclosure was had on a tax lien or tax certificate, if the proceedings were correct and the subsequent taxes have been paid, the district court may enter an order confirming the sale, directing the disposition of the proceeds of the…”
KLH Ret. Plan., Ltd. v. Cejka, 530 N.W.2d 279 (Neb. Ct. App. 1995).
· cites it 3× “With regard to redemption, § 77-1917 provides: Any person, entitled to redeem any lot or parcel of land, may do so at any time after the decree of foreclosure and before the final confirmation of the sale by paying to the clerk of the district court the amount found due against…”
Cnty. of Lancaster v. Schwarz, 45 N.W.2d 432 (Neb. 1950).
“” The statutory provision is: “Any person, entitled to redeem * * * may do so at any time after the decree of foreclosure and before the final confirmation * * § 77-1917, R. R. S. 1943. The constitutional provision is self-executing.”
In Re: James Kurt Bird (D. Neb. 2021).
· cites it 2× “VAGA raises two issues on appeal—whether the bankruptcy court erred in (1) “denying VAGA’s motion for relief from the automatic bankruptcy stay in determining that VAGA was adequately protected” under Chapter 13 and (2) “determining VAGA had made a binding election to pursue a…”
— Neb. Rev. Stat. § 77-1917(2) — 1 case
Neun v. Ewing, 290 Neb. 963 (Neb. 2015).
“§ 77-1824 (Reissue 2009) and were advised by both the Treasurer and Determan that the only avenue of redemption available to Appellants was Neb. Rev. Stat. § 77-1917 (Reissue 2009), which, unlike § 77-1824, required payment of costs and attorney fees.”
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