A-25-0461 11819 Miracle Hills Drive, LLP (Appellee) v. Maman Lawan Ali (Appellant), Mariama Issoufou, U.S. Bank, N.A., Liliana E. Shannon, Esq., as Trustee, and Balboa Capital Corporation (Appellees)
Appeal from the District Court for Douglas County, Judge Katie L. Benson
Attorneys: Chinedu Igbokwe (Banwo & Igbokwe Law Firm, LLC for Appellant) and Aimee K. Cizek (McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. for Appellee)
Civil: Homestead exception and judgment of foreclosure
Proceedings below: The district court foreclosed a judgment lien on Appellant’s marital residence and ordered the residence’s sale unless the judgment was paid in full within twenty (20) days. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns that the district court erred in: 1) Granting summary judgment despite material issues of fact regarding the homestead status of the property; 2) Ordering foreclosure of Appellant's undivided interest in the marital residence, contrary to Neb. Rev. Stat. §§ 40-l0l and 40-103; and 3) Extending a judgment lien against one spouse to divest the non-debtor spouse of her co-ownership interest in the homestead, contrary to Nebraska law and precedent.