First National Bank of Omaha v. Davey

S-12-0761, First National Bank of Omaha (Appellant) v. Scott L. Davey and Deborah A. Davey

Douglas County, Hon. Marlon A. Polk

Attorneys: Donald J. Pavelka, Jr., and Patricia D. Schneider (Locher Pavelka Dostal Braddy and Hammes); Thalia Downing Carroll (Thompson Law Office)

Civil: Deficiency Judgment

Proceedings below:     District court granted summary judgment in favor of the Daveys after it concluded that the applicable statute of limitations was set forth in Neb. Rev. Stat. § 76-1013 of the Nebraska Trust Deeds Act and that the action was barred by such statute.

Issues: Whether the statute of limitations set forth in § 76-1013 applies to an action for a deficiency judgment on an obligation secured by a deed of trust, even when the secured property was not foreclosed in the manner provided for in the Trust Deeds Act but instead by a judicial foreclosure.