City houses and farm ground
A Nebraska note is likely to be one of two things. In Omaha and Lincoln it is on a house: an older home in Benson or Havelock sold to a buyer who could not get a bank loan, or a rental its owner sold on terms after giving up being a landlord. West of Grand Island and Kearney the collateral changes to farm ground along the Platte, pasture in the Sandhills, or an acreage outside North Platte or Scottsbluff.
Farm families hold a good share of the rural paper. A parent sells a quarter section to a neighbor or a relative and carries the loan, and years later the children inherit a payment stream that none of them set up. If that describes you, our page on inherited notes covers the extra paperwork an heir has to produce.
Deed of trust, mortgage or land contract
All of these are in use in Nebraska. A deed of trust places the property with a neutral trustee until the loan is paid, and it is commonly chosen here because the trustee can generally sell the property after a default without a court case, which is called non-judicial foreclosure. A mortgage gives the lender a lien, meaning a legal claim against the property, and is generally foreclosed through the courts. Seller-financed sales of farm ground are sometimes written as land contracts, where the seller keeps the deed until the last payment arrives.
The heading of the document recorded with your county register of deeds tells you which one you hold. For land that lies across the state line, the document and the process may both be different, so read the page for that state as well. How each works after a default is a matter of Nebraska law, and the law gets amended, so have a local attorney or a title company confirm it for your document before you lean on this summary.
Why a Sandhills note and an Omaha note price differently
A buyer prices risk through the return they need on the money they pay you. The harder it would be to recover and resell the property after a default, the more return they ask for and the lower the offer. A recorded deed of trust on a house in Sarpy County is easy to assess, because similar houses have sold nearby and the buyer can look them up. A mortgage or land contract on irrigated ground takes more work: the buyer has to understand what the land is worth, the irrigation that goes with it, and whether a farm lease is in place.
That extra work is why a buyer set up to value suburban houses will decline a rural note or bid low on it. The useful response is to put the note in front of buyers who do take agricultural and small-town paper, and to compare what they say. When you send us the details of your Nebraska note, say at the start if the collateral is rural, since that decides which buyers get asked. The rest of the price comes from the payer’s record, the equity in the property, the interest rate and the time left, each of which is covered in our guide to what a note is worth.
What to pull from the file
- The note and the recorded deed of trust, mortgage or land contract
- A record of payments received, backed by bank statements if you kept the ledger by hand
- For farm ground, the legal description, any lease, and a line on what irrigation goes with the land
Payments on farm ground sometimes follow the crop year instead of the calendar month. Write down the schedule your document sets and check the ledger against it, so that a payment made once a year after harvest is not read as eleven missed months.