2006 Nebraska Revised Statutes - § 42-501 — Mortgage; procedure for authorization; limitation.
Section 42-501Mortgage; procedure for authorization; limitation.
When either husband or wife is mentally incompetent and incapable of executing a mortgage relinquishing or encumbering his or her right to the homestead or any other real property of the other, the other may file a complaint in the district court of the county of his or her residence or of the county where the real estate to be encumbered is situated setting forth the facts and praying for an order authorizing the applicant or some other person to execute a mortgage and relinquish or encumber by such mortgage the interest of the mentally incompetent person in such homestead or other real estate. The court shall not authorize the execution of any mortgage on the homestead of the parties for an amount greater than is necessary to pay or redeem the lien of an existing mortgage on such homestead.
Source:
- Laws 1927, c. 66, § 1, p. 229
C.S.1929, § 42-501
Laws 1935, c. 93, § 1, p. 315
C.S.Supp.,1941, § 42-501
R.S.1943, § 42-501
Laws 1986, LB 1177, § 15
Laws 2004, LB 1207, § 33
~Reissue Revised Statutes of Nebraska
Disclaimer: These codes may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.