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David defaulted on his Nebraska deed of trust six months ago. His lender's attorney has begun the non-judicial foreclosure process. Before the trustee's sale takes place, David wants to stop the foreclosure by paying off all overdue amounts, fees, and costs. Under Nebraska's Trust Deeds Act, what is this right called?

Correct Answer

B) Right to cure, which allows David to reinstate the loan by paying all past-due amounts before the sale

Under the Nebraska Trust Deeds Act (Neb. Rev. Stat. § 76-1012), a trustor (borrower) has the right to cure a default before the trustee's sale by paying all past-due installments, late charges, and costs incurred by the beneficiary and trustee. This right to cure (also called reinstatement) stops the foreclosure and restores the loan to its original standing. It is distinct from the right of redemption, which applies after a sale in judicial foreclosure contexts.

Answer Options
A
Right of redemption, which allows David to reclaim the property after the trustee's sale
B
Right to cure, which allows David to reinstate the loan by paying all past-due amounts before the sale
C
Right of first refusal, which gives David priority to purchase the property at the trustee's sale
D
Equitable subrogation, which transfers the lender's lien position to David upon full payment

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Related Topics & Key Terms

Key Terms:

right_to_curedefaultforeclosure_reinstatementtrust_deeds_actborrower_rights

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