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Surplus funds in Nebraska.

When a property in Nebraska sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.

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Foreclosure sales here

Both judicial and non-judicial.

Our fee here

We don't offer paid help in Nebraska. You can claim surplus here yourself, free; see below.

Tax sale surplus

Post-Tyler, the tax-deed holder must pay the surplus to the previous owner within 30 days of recording the deed (Neb. Rev. Stat. §77-1838). The surplus is the resale price (or, if the deed holder has not resold, the assessed value) minus the redemption amount, all encumbrances, and a $500 administrative fee or reasonable attorney's fees (§77-1838(2)). A tax deed is allowed only if 110% of the assessed value minus the redemption amount is $25,000 or less; otherwise the certificate holder must foreclose in district court (§77-1837(3)), where any surplus is brought into court (§25-2146). The surplus is owed by the deed holder or held by the court, not by the county.

Foreclosure surplus

Foreclosure type
Both
Who holds the surplus

Trust deeds: the trustee holds and pays out the surplus, or deposits it with the court in an interpleader. Judicial mortgage foreclosure: the surplus is brought into the district court (clerk of the district court).

After a trustee's sale, the trustee pays costs, the secured debt and junior liens, then pays any balance to the person legally entitled to it; if there is an objection or uncertainty about who should be paid, a court decides in an interpleader or similar action (§76-1011.01). In a judicial foreclosure, the surplus is paid into court and released by court order to the former owner or other entitled persons. If court-held surplus is not applied for within three months, the court may have it invested for the owner's benefit; no statutory claim deadline was found.

Fees and assignments. Nebraska Foreclosure Protection Act: a 'foreclosure consultant' includes anyone paid to help a homeowner get remaining or excess foreclosure-sale proceeds from the beneficiary, mortgagee or their counsel (Neb. Rev. Stat. 76-2708(1)(b)(ix)). Contracts must be written, given 24 hours before signing, notarized, and cancellable at any time (76-2713, 76-2714); no compensation until every service is fully performed and no liens or security for the fee (76-2716); a contract term imposing costs or fees greater than actual costs and fees is void (76-2715(4)). Applies only to a 'residence in foreclosure' (owner's principal residence). Licensed attorneys acting for the homeowner are excluded.

Claiming it yourself

We don't offer paid help in Nebraska. You can claim surplus here yourself, free.

See the free self-filing steps →

Every Nebraska county office(93)

Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.

Each dot is a county below. Pick one from the list to see it up close.© OpenStreetMap contributors

Check this yourself

This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).