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Neb. Rev. Stat. § 52-142

Substitution of collateral; release of lien; procedure

Applied in 5 court decisions — leading case Fru-Con Construction Corp. v. Controlled Air, Inc. (2009)

Most recently applied in Echo Group v. Tradesmen Internat. (October 2022)

Laws 1981, LB 512, § 18.

How often courts cite this section

1989200020102020202220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Any person having an interest in real estate may release the real estate from liens which have attached to it by: (a) Depositing in the office of the clerk of the district court of the county in which the lien is recorded a sum of money in cash, certified check, or other bank obligation, or a surety bond issued by a surety company authorized to do business in this state, in an amount sufficient to pay the total of the amounts claimed in the liens being released plus fifteen percent of such total; and (b) Recording, as provided in section 52-151 , a certificate of the clerk of the district court showing that the deposit has been made. (2) The clerk of the district court has an obligation to accept the deposit and issue the certificate. (3) Upon release of the real estate from a lien under this section, the claimant's rights are transferred from the real estate to the deposit or surety bond and the claimant may establish his or her claim under sections 52-125 to 52-159 , and upon determination of the claim the court shall order the clerk of the district court to pay the sums due or render judgment against the surety company on the bond, as the case may be.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.