77-1909. Foreclosure proceedings; decree; contents; attorney's fees.
167 words·~1 min read·
/ne/chapter-77/77-1909A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
Interest and costs are to be included in awarding an attorney fee pursuant to this section. The award of attorney fees is to be made in the decree of foreclosure, not in the order confirming the sale. Buffalo County v. Kizzier, 250 Neb. 247, 548 N.W.2d 753 (1996).