A Nebraska DSCR loan is business-purpose financing on a 1-4 family rental, secured by a mortgage or a trust deed. A trust deed can carry a power of sale that lets the trustee sell the property outside court under Neb. Rev. Stat. 76-1005.
Nebraska gives lenders two foreclosure paths and keeps its documentary stamp tax off the loan itself. For an investor, the stamp tax on the purchase deed and a 14-day deposit clock are the state rules most likely to show up in the numbers.
If you plan to pull cash out of a Nebraska rental, read how the interest on cash-out money is allocated.
How are rental property loans foreclosed in Nebraska?
A Nebraska trust deed can confer a power of sale on the trustee, and after a breach the trust property may be sold under the Nebraska Trust Deeds Act or, at the beneficiary's option, foreclosed in the manner provided by law for mortgages, under Neb. Rev. Stat. 76-1005.
| Instrument | Nebraska foreclosure path |
|---|---|
| Trust deed with power of sale | Trustee's sale under the Nebraska Trust Deeds Act, or mortgage-style foreclosure at the beneficiary's option |
| Mortgage | Foreclosure in the manner provided by law for mortgages |
Exception: The 76-1005 text here comes from a 2011 bill that reprinted the existing statute. Check the current statute before relying on details.
According to Neb. Rev. Stat. 76-1005, as reprinted in LB 44 (2011), Nebraska Legislature, as read October 2026.
Does Nebraska's documentary stamp tax apply to a mortgage?
No. The Nebraska Department of Revenue lists deeds that secure or release a debt or other obligation as exempt from the documentary stamp tax, which applies to deeds conveying real estate.
| Deed recorded | Documentary stamp tax rate on the purchase deed |
|---|---|
| Before July 18, 2026 | $2.32 per $1,000 of value |
| On or after July 18, 2026 | $3.32 per $1,000 of value |
Exception: A trustee's deed issued after a power-of-sale foreclosure does not use the same exemption. Ask the title company about recording fees.
According to the Nebraska Documentary Stamp Tax Exemptions form (Rev. 7-2026), Nebraska Department of Revenue, as of October 2026.
What Nebraska landlord rules affect a rental property's numbers?
Nebraska caps a security deposit at one month's periodic rent, plus a pet deposit of up to one-fourth of a month's rent, and requires the balance and a written itemization within 14 days after the tenancy ends, under Neb. Rev. Stat. 76-1416.
- LB 433, approved May 30, 2019, set the current text of 76-1416.
- The 14-day clock runs from the date the tenancy terminates.
Exception: Read the full section for permitted deductions and delivery rules before withholding any amount.
According to LB 433 (2019), amending Neb. Rev. Stat. 76-1416, Nebraska Legislature, as read October 2026.
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Disclaimer
This page is general education about business-purpose real estate financing and state law as published by official sources on the date shown. It is not legal, tax or lending advice, not an offer to lend and not a rate quote. Laws and lender guidelines change; confirm current rules with the lender, the title company and your own attorney or tax adviser.