52-1315. Notice of lapse of effective financing statement; waiver of notice; effect.
(1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, the secured party shall notify the debtor in writing of his or her right to have a notice of lapse of his or her effective financing statement filed which shall lead to the removal of his or her name from the files and lists compiled by the Secretary of State. In lieu of such notice, the secured party may acquire a waiver of the debtor of such right and a request by the debtor that his or her effective financing statement be retained on file. Such notice may be given or waiver acquired by the secured party at any time prior to the time specified in this subsection for giving the notice.
(2) If the secured party does not furnish the notice or obtain the waiver specified in subsection (1) of this section, the secured party shall, within ten days of final payment of all secured obligations, provide the debtor with a written notification of the debtor's right to have a notice of lapse filed. The secured party shall on written demand by the debtor send the debtor a notice of lapse to the effect that he or she no longer claims a security interest under the effective financing statement, which shall be identified by file number. The notice of lapse need only be signed, authorized, or otherwise authenticated by the secured party.
(3) If the affected secured party fails to send a notice of lapse within ten days after proper demand, pursuant to subsection (2) of this section, he or she shall be liable to the debtor for any loss caused to the debtor by such failure.
(4) On presentation to the Secretary of State of a notice of lapse, he or she shall treat it as a termination statement and note it in the index. If he or she has received the notice of lapse in duplicate, he or she shall return one copy of the notice of lapse to the filing party stamped to show the time of receipt thereof.
(5) There shall be no fee for filing a notice of lapse or termination statement.
Source
Structure Nebraska Revised Statutes
52-115 - Labor on railroads, similar utilities; liability of company; notice of claim; interest.
52-116 - Railroad and similar construction; lien for labor or material; to what attaches.
52-124 - Failure to apply payments for lawful claims; failure to discharge lien; penalty.
52-128 - Contracting owner; presumption of agency.
52-129 - Protected party, residential real estate, defined.
52-130 - Real estate improvement contract, defined.
52-131 - Construction lien; existence; amount; priority; enforcement.
52-132 - Public property; exempt from lien.
52-133 - Real estate subject to construction lien.
52-134 - Lien for materials; conditions; limitations.
52-137 - Attachment and enforcement of lien; recording required; time limitation; attachment, when.
52-138 - Priority among lien claimants.
52-139 - Priority of construction liens as against claims other than construction lien claims.
52-142 - Substitution of collateral; release of lien; procedure.
52-144 - Waiver of construction lien rights; what constitutes; validity; effect.
52-145 - Notice of commencement; by whom filed; contents; recording; duration; extension.
52-146 - Termination of notice of commencement; procedure.
52-147 - Lien recording; contents.
52-148 - Amendment of recorded lien.
52-149 - Assignment of lien rights; recording; effect.
52-150 - Notice of surety bond; recording; contents.
52-151 - Substitution of collateral; certificate; recording; contents.
52-152 - Demand to institute judicial proceedings; recording; claimant's statement; recording.
52-153 - Owner's statement of apportionment of lien; recording; contents.
52-154 - Discharge of lien; partial release; procedure.
52-155 - Proceeding to enforce lien.
52-156 - Recording of notice of termination before abandonment or completion; owner; liability.
52-157 - Remedies for wrongful conduct.
52-159 - Substitution of terms; Revisor of Statutes; duties.
52-201 - Creation of lien; retention of property authorized.
52-202 - Lien; perfection; financing statement; filing.
52-203 - Lien; effect; priority; limitation; enforcement; fee.
52-204 - Lien satisfied; financing statement; termination.
52-302 - Verified statement; filing.
52-303 - Foreclosure; limitation; joinder of claims.
52-304 - Foreclosure; sale; proceeds; excess; disposition.
52-502 - Lien; effect; not assignable; landlord's share exempt.
52-504 - Lien satisfied; financing statement; termination.
52-601.01 - Services performed upon personal property; disposition of property; when; notice.
52-603 - Lien; how satisfied; sale.
52-604 - Sale; proceeds; distribution.
52-701 - Lien; perfection; financing statement; filing; enforcement; fee.
52-702 - Lien satisfied; financing statement; termination.
52-801 - Clothing; household goods; services thereon; sale; notice.
52-802 - Clothing; household goods; storage; sale; notice.
52-803 - Sale; notice to owner; registered or certified mail; time of mailing.
52-804 - Sale; disposition of proceeds; when payable to owner.
52-805 - Notice to be posted in place of business.
52-806 - Sale; where; when; notice by publication; notice by posting; contents.
52-902 - Lien; perfection; financing statement; filing; fee.
52-903 - Lien; effect of filing; sale of crop, effect; enforcement.
52-904 - Lien; innocent purchaser protected; not applicable to landlord's share; not assignable.
52-905 - Lien satisfied; financing statement; termination.
52-1001 - Federal liens; notice; filing.
52-1002 - Certifications; filing.
52-1003 - Notice; filing officer; duties; liability.
52-1004 - Notice; filing; fees; billing.
52-1005 - Lien, notice, certificate; filed on or before January 1, 1970; filing officer; duties.
52-1008 - Lien satisfied; termination statement; procedure.
52-1102 - Lien; perfection; financing statement; filing; fee.
52-1103 - Lien; time for filing; date of attachment; enforcement.
52-1104 - Lien satisfied; financing statement; termination.
52-1201 - Lien on crops; authorized.
52-1202 - Lien; perfection; financing statement; filing; fee.
52-1203 - Lien; date of attachment; enforcement.
52-1205 - Lien satisfied; financing statement; termination.
52-1302 - Definitions, where found.
52-1302.01 - Approved unique identifier, defined.
52-1303 - Buyer in the ordinary course of business, defined.
52-1304 - Central filing system, defined.
52-1305 - Commission merchant, defined.
52-1307 - Effective financing statement, defined.
52-1308 - Farm product, defined.
52-1310 - Security interest, defined.
52-1311 - Selling agent, defined.
52-1312 - Central filing system; Secretary of State; duties; system requirements; fees.
52-1313 - Filing of effective financing statement; fees.
52-1313.01 - Effective financing statements; electronic access; fees.
52-1314 - Filing of continuation statement; requirements; insolvency proceedings; effect.
52-1315 - Notice of lapse of effective financing statement; waiver of notice; effect.
52-1316 - Information provided by filing; oral and written inquiries; duties; fees; liability.
52-1317 - Verification of security interest; seller; duty.
52-1318 - Rules and regulations; federal provisions adopted; Secretary of State; duties.
52-1319 - Receipt of written notice, defined.
52-1320 - Buyer subject to security interest; when; waiver or release.
52-1321 - Filing prior to December 24, 1986; effect.
52-1322 - Filing prior to July 1, 1999; effect.
52-1402 - Lien-notification statement; requirements; contents.
52-1403 - Lien-notification statement; lender response.
52-1404 - Lender response; effect.
52-1405 - Lender; failure to respond; effect.
52-1406 - Lien; attachment; when.
52-1407 - Lien; perfection; financing statement; filing; priority; enforcement; fee.
52-1408 - Lien; enforcement procedures; extinguishment.
52-1409 - Lien satisfied; financing statement; termination.
52-1410 - Sections, how construed.
52-1501 - Stallion, jack, or bull; lien for service.
52-1502 - Liens; list of animals served; filing.
52-1503 - Lien; period enforceable.
52-1505 - Lien; sale or removal of animals prohibited; exception.
52-1506 - Violations; penalty.
52-1601 - Master lien list; Secretary of State; compilation.
52-1603 - Buyer of farm products; purchase subject to lien; when; waiver or release of lien.
52-1604 - Errors or omissions; exempt from liability.
52-1605 - Rules and regulations.
52-1702 - Assignment instrument; terms.
52-1703 - Security interest; when valid.
52-1704 - Security interest; perfection.
52-1705 - Security interest; enforcement by assignee.
52-1706 - Assignee; collection of rents; lease terms ineffective; when.
52-1708 - Applicability of sections.
52-1901 - Nonconsensual common-law lien, defined.
52-1902 - Transferred to section 52-1907.
52-1903 - Filing officer; duty to refuse.
52-1904 - Lien; strike from record; when.
52-1905 - Nonconsensual common-law lien; how treated.
52-1907 - Submission for filing or recording; liability.
52-2104 - Notice of lien; mailing of notice required; effect on lien.
52-2105 - Notice of lien; contents.