In the absence of stipulations to the contrary, the mortgagor of real estate retains the legal title and right of possession thereof. This section shall not limit or otherwise affect the creation, provision, assignment, granting, or enforcement of a security interest in rents arising from real estate pursuant to sections 52-1701 to 52-1708 .
Neb. Rev. Stat. § 76-276
Mortgages; mortgagor retains legal title, when; security interest in rents; effect
Applied in 3 court decisions — leading case Dupuy v. Western State Bank (1985)
Most recently applied in 24TH & DODGE LIMITED PARTNERSHIP v. Acceptance Ins. Co. (January 2005)
R.S.1866, c. 43, § 85, p. 297; R.S.1913, § 6230; C.S.1922, § 5629; C.S.1929, § 76-235; R.S.1943, § 76-276; Laws 1993, LB 14, § 9.
How often courts cite this section
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.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.