Surplus funds in Nebraska: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Judicial: surplus brought into court for defendant, subject to order (25-2146). Trust-deed: trustee pays juniors then persons legally entitled (76-1011); disputes via 76-1011.01.
No pre-escheat fee cap or assignment bar found. Trust Deeds Act (76-1001 et seq.) is non-judicial alternative. Unclaimed court funds: 24-345 (3 yr). No CA-style bar.
Tax sale overages
Yes — we recover this here.
Judicial tax foreclosure surplus treated as mortgage surplus (77-1916) — into court. Tax-deed grantee must pay surplus to previous owner within 30 days of recording (77-1838(2)).
LB727 (2023) Tyler reform: 77-1838 surplus = sale price or assessed value minus redemption, encumbrances, $500 admin. Fair (2024) held tax-deed taking. Large-equity cases must judicially foreclose (77-1837). No fee cap found.
Courtroom requirement: Claims here move by court motion. Licensed local attorneys on our bench handle the courtroom work inside the same contingency deal — you never pay hourly legal bills.
If nobody claims it: District-court surplus: 3 yrs after close of litigation → State Treasurer UP (24-345). Then 24-mo wait + 10% (69-1317). Still claimable.
Cars, boats & RVs in Nebraska: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://nebraskalegislature.gov/laws/statutes.php?statute=25-2146 · https://nebraskalegislature.gov/laws/statutes.php?statute=76-1011
Think Nebraska is holding your money?
Five minutes, zero cost. We verify the record and tell you the truth about what's there — including when the answer is nothing.