Nebraska Revised Statutes
Chapter 45 - Interest, Loans, and Debt
45-1052 - Borrower; loan; default; licensee; possession of collateral; restrictions.

Nebraska Revised Statutes

Chapter 45 - Interest, Loans, and Debt

45-101.01 - Unconstitutional.

45-101.02 - Terms, defined.

45-101.03 - General interest rate; maximum; variable rate authorized; conditions.

45-101.04 - General interest rate; maximum; when not applicable.

45-101.05 - Mortgage loan; escrow account; how established and maintained.

45-101.06 - Escrow accounts; not required.

45-101.07 - Violations; penalty.

45-102 - Interest; legal rate; exception.

45-103 - Interest; judgments; decrees; rate; exceptions.

45-103.01 - Postjudgment interest; accrual; when.

45-103.02 - Prejudgment interest; accrual; when; conditions.

45-103.03 - Interest; how computed.

45-103.04 - Prejudgment interest; exceptions.

45-104 - Interest; other contract obligations.

45-104.01 - Interest; political subdivisions; delinquent taxes; special assessments.

45-104.02 - Interest; State of Nebraska; delinquent taxes; special assessments; credits or refunds.

45-105 - Usury; penalty.

45-105.01 - Unconstitutional.

45-106 - Interest; warrants or orders.

45-107 - Interest; effect on purchase of certain lands.

45-108 - Interest; rate; when calculated by the year.

45-109 - Contracts for payment of money or indebtedness; when usurious.

45-110 - Usurious contracts; limit of recovery.

45-111 - Usury; civil proceedings; testimony of lender compellable.

45-112 - Usury; relief; tender of principal unnecessary.

45-113 - Usury; witness; testimony not evidence in criminal proceeding, when.

45-114 - Transferred to section 45-1002.

45-115 - Transferred to section 45-1003.

45-116 - Transferred to section 45-1004.

45-117 - Transferred to section 45-1005.

45-118 - Transferred to section 45-1006.

45-119 - Transferred to section 45-1007.

45-120 - Transferred to section 45-1008.

45-121 - Transferred to section 45-1009.

45-122 - Transferred to section 45-1010.

45-123 - Transferred to section 45-1011.

45-124 - Transferred to section 45-1012.

45-126 - Transferred to section 45-1013.

45-127 - Transferred to section 45-1014.

45-128 - Transferred to section 45-1015.

45-129 - Transferred to section 45-1016.

45-130 - Transferred to section 45-1017.

45-131 - Transferred to section 45-1018.

45-132 - Transferred to section 45-1019.

45-133 - Transferred to section 45-1020.

45-134 - Transferred to section 45-1021.

45-135 - Transferred to section 45-1022.

45-136 - Transferred to section 45-1023.

45-137 - Transferred to section 45-1024.

45-138 - Transferred to section 45-1025.

45-139 - Transferred to section 45-1026.

45-140 - Transferred to section 45-1027.

45-142 - Transferred to section 45-1028.

45-143 - Transferred to section 45-1029.

45-144 - Transferred to section 45-1030.

45-145 - Transferred to section 45-1031.

45-148 - Transferred to section 45-1034.

45-149 - Transferred to section 45-1035.

45-150 - Transferred to section 45-1036.

45-153 - Transferred to section 45-1037.

45-154 - Transferred to section 45-1038.

45-155 - Transferred to section 45-1039.

45-156 - Transferred to section 45-1040.

45-157 - Transferred to section 45-1041.

45-158 - Transferred to section 45-1042.

45-173 - Transferred to section 45-1043.

45-174 - Transferred to section 45-1044.

45-175 - Transferred to section 45-1045.

45-176 - Transferred to section 45-1046.

45-177 - Transferred to section 45-1047.

45-178 - Transferred to section 45-1048.

45-179 - Transferred to section 45-1049.

45-180 - Transferred to section 45-1050.

45-181 - Transferred to section 45-1051.

45-182 - Transferred to section 45-1052.

45-183 - Transferred to section 45-1053.

45-184 - Transferred to section 45-1054.

45-185 - Transferred to section 45-1055.

45-186 - Transferred to section 45-1056.

45-187 - Transferred to section 45-1057.

45-188 - Transferred to section 45-1058.

45-189 - Loan brokers; legislative findings.

45-190 - Terms, defined.

45-191 - Loan brokers; prohibited acts.

45-191.01 - Loan brokerage agreement; written disclosure statement; requirements.

45-191.02 - Loan brokers; filings with department required; filing fees.

45-191.03 - Prohibited acts; violations; penalties.

45-191.04 - Loan brokerage agreement; requirements; right to cancel.

45-191.05 - Waiver of sections; attempt; prohibited.

45-191.06 - Department; adopt rules and regulations.

45-191.07 - Violation of loan brokerage agreement by loan broker; effect.

45-191.08 - Director; enforcement powers.

45-191.09 - Director; summary cease and desist order; when; other enforcement measures; collection of fines and costs; hearing; procedure; appeal.

45-191.10 - Persons exempt.

45-191.11 - Burden of proof.

45-194 - Transferred to section 45-1059.

45-195 - Transferred to section 45-1060.

45-196 - Transferred to section 45-1061.

45-198 - Transferred to section 45-1062.

45-199 - Transferred to section 45-1063.

45-1,100 - Transferred to section 45-1064.

45-1,101 - Transferred to section 45-1065.

45-1,102 - Transferred to section 45-1066.

45-1,103 - Transferred to section 45-1067.

45-1,104 - Federal interest rate limitations; rejected by state.

45-1,105 - Terms, defined.

45-1,106 - Consumer credit transaction; default; notice required.

45-1,107 - Consumer credit transaction; default; consumer's right to cure.

45-1,108 - Consumer credit transaction; voluntary surrender of goods; creditor's right to enforce security interest.

45-1,109 - Consumer credit transactions; procedures; when applicable.

45-1,110 - Consumer credit default procedures; not applicable to certain licensees.

45-1,111 - Forced sale; disposition of certain proceeds.

45-1,112 - Terms, defined.

45-1,113 - Action or defense based on credit agreement; requirements.

45-1,114 - Implied credit agreement; limitations.

45-1,115 - Sections; applicability.

45-1,116 - Transferred to section 45-1068.

45-204 - Terms, defined.

45-205 - Agreements; requirements; fees and delinquency charges authorized.

45-206 - Monthly statement by seller; contents; payment in full; requirements.

45-207 - Time-price differential; rate; maximum.

45-208 - Violations; penalty.

45-209 - Prohibited acts.

45-333 - Transferred to section 45-408.

45-334 - Act, how cited.

45-335 - Terms, defined.

45-336 - Installment contract; requirements.

45-337 - Insurance; policy; cancellation; premium refund; fee.

45-338 - Installment contract; time-price differential; rate; maximum; origination fee.

45-339 - Subsequent purchases; consolidate with previous contract; requirements.

45-340 - Contracts negotiated by mail; requirements.

45-341 - Delinquency charges; limitation; fee.

45-342 - Prepayment; rebate; how computed.

45-343 - Failure to obtain license; penalty.

45-344 - Excess charges; penalty.

45-345 - License; requirement; exception.

45-346 - License; application; contents; issuance; bond; fee; term; director; duties.

45-346.01 - Licensee; move of main office; notice to director; maintain minimum net worth; bond.

45-347 - Fees; disposition.

45-348 - License; renewal; licensee; duties; fee; voluntary surrender of license.

45-350 - License; denial of renewal; suspension; revocation; appeal.

45-351 - Licensee; investigation and inspection; director; appoint examiners; charges; fines; lien.

45-351.01 - Holder of contract; extension or deferment authorized; fee.

45-352 - Rules and regulations; adopt.

45-353 - Violations; enforcement; receiver; appointment; powers; duties.

45-354 - Nationwide Mortgage Licensing System and Registry; department; participation; requirements; director; duties; department; duties.

45-355 - Nationwide Mortgage Licensing System and Registry; information sharing; director; powers.

45-356 - Acquisition of licensee; notice; filing fee; director; duties; disapproval; grounds; notice; hearing.

45-601 - Act, how cited; collection agency; license required; violation; penalty; foreign agency; communication authorized.

45-602 - Terms, defined.

45-603 - Collection Agency Licensing Board; created; members; term; expenses; employees; Secretary of State; duties.

45-604 - Board; adopt rules and regulations.

45-605 - Board; duties; application for license; filing; issuance; denial; appeal.

45-605.01 - Nationwide Mortgage Licensing System and Registry; licensure and registration; requirements.

45-606 - License; application; fees; financial statement; form.

45-607 - License; qualifications of licensee.

45-608 - Licensee; bond; conditions.

45-609 - License; form; display.

45-610 - Licensee; employees; solicitor's certificates; form.

45-611 - Licenses; certificates; expiration; renewal; application; time.

45-612 - Licensee; solicitor; violation; conviction; revocation; hearing; order.

45-613 - Licensee; solicitor; complaint; citation; notice; hearing.

45-614 - Licensee; solicitor; citation; power to issue subpoenas; depositions.

45-615 - Licensee; solicitor; citation; hearing; board; findings; powers.

45-616 - License; solicitor's certificate; appeals; procedure.

45-617 - Licensee; solicitor's certificate; appeal; effect.

45-618 - Licensee; change place of business; notify Secretary of State; new license; issuance; solicitor; employment terminated; return certificate.

45-619 - Licensee; board; require financial statement; confidential.

45-620 - License; certificates; fees.

45-622 - Licensee; solicitor; prohibited from practice of law.

45-623 - Collection of public debts; contracts authorized; requirements.

45-701 - Act, how cited.

45-702 - Terms, defined.

45-702.01 - Reverse-mortgage loans; rules applicable; fees authorized; failure by licensee to make loan advances and cure default; forfeiture.

45-703 - Act; exemptions.

45-703.01 - Nonprofit organization; certificate of exemption; qualification; application; denial; notice; appeal; department; powers; revocation of certificate; grounds.

45-704 - Registration required; registration statement; fee; procedure; bond; registrant; duties; renewal.

45-705 - License or registration required; application; fees; background investigation; registered agent.

45-706 - License; issuance; denial; abandonment; appeal; renewal; fees; inactive status; renewal; reactivation of license; notice of cancellation.

45-707 - Transferred to section 45-742.

45-708 - Transferred to section 45-747.

45-709 - Transferred to section 45-724.

45-710 - Transferred to section 45-741.

45-711 - Transferred to section 45-737.

45-712 - Transferred to section 45-738.

45-713 - Transferred to section 45-739.

45-714 - Transferred to section 45-740.

45-715 - Transferred to section 45-750.

45-716 - Transferred to section 45-751.

45-717 - Transferred to section 45-744.

45-717.01 - Transferred to section 45-743.

45-717.02 - Transferred to section 45-746.

45-718 - Transferred to section 45-745.

45-719 - Transferred to section 45-752.

45-720 - Transferred to section 45-753.

45-721 - Transferred to section 45-754.

45-722 - Transferred to section 45-725.

45-723 - Transferred to section 45-748.

45-724 - Surety bond; requirements.

45-725 - Acquisition of control of mortgage banking business; procedure; fee; disapproval; hearing.

45-726 - Reports.

45-727 - Mortgage loan originator; license required; loan processor or underwriter; license required; temporary authority to act as mortgage loan originator; conditions.

45-728 - License; application; form; fee; use of nationwide registry.

45-729 - Issuance of mortgage loan originator license; director; findings required; denial; notice; appeal; application deemed abandoned; when; effect.

45-730 - Prelicensing education requirements; course review and approval; relicensure requirements.

45-731 - Written test requirement; subject areas.

45-732 - License; term; renewal; minimum standards for renewal; fee; denial; appeal.

45-733 - Licensed mortgage loan originator; continuing education; continuing education courses; review and approval; credit as instructor; relicensure requirements.

45-734 - Mortgage loan originator license; inactive status; duration; renewal; reactivation.

45-735 - Mortgage loan originator; employee or independent agent; restriction on activities; written agency contract; notification to department; fee; notice of termination.

45-736 - Unique identifier; use.

45-737 - Mortgage banker; licensee; duties.

45-737.01 - Mortgage loan originator; licensee; duties.

45-738 - Licensee; failure to deliver abstract of title.

45-739 - Transfer of servicing rights; duties.

45-740 - Prohibited acts; violation; penalty; civil liability.

45-741 - Director; examine documents and records; investigate violations or complaints; director; powers; costs; confidentiality.

45-742 - License; suspension or revocation; administrative fine; procedure; surrender; cancellation; expiration; effect; reinstatement.

45-742.01 - Mortgage banker or mortgage loan originator license; emergency orders authorized; grounds; notice; emergency hearing; judicial review; director; additional proceedings.

45-743 - Violations; administrative fine; costs; lien.

45-744 - Cease and desist orders; department; powers; judicial review; violation; penalty.

45-745 - Appeals.

45-746 - Enforcement of act; director; powers; construction of act; failure to comply with act; effect.

45-747 - Prohibited acts; penalty.

45-748 - License and registration under Nationwide Mortgage Licensing System and Registry; department; powers and duties; director; duties.

45-749 - Information sharing; privilege and confidentiality; limitations; applicability of section; director; powers.

45-750 - Department; duties; rules and regulations.

45-751 - Money collected; disposition.

45-752 - Act; liberal construction.

45-753 - Personal jurisdiction; when.

45-754 - Loans subject to act.

45-801 - Act, how cited.

45-802 - Terms, defined.

45-803 - Exemptions.

45-804 - Prohibited acts.

45-805 - Surety bond or surety account; requirements; action on surety; depository; Secretary of State; powers and duties.

45-806 - Registration statement; contents; requirements; fee.

45-807 - Written statement to buyer; contents; credit services organization; duties.

45-808 - Contract; requirements; cancellation; procedure; notice; breach; effect.

45-809 - Waiver of rights; void.

45-810 - Damages.

45-811 - Violation; injunction.

45-812 - Violation; deceptive trade practice.

45-813 - Statute of limitations.

45-814 - Violation; penalty.

45-815 - Remedies.

45-901 - Act, how cited.

45-902 - Terms, defined.

45-903 - Act; not applicable to financial institutions.

45-904 - License required; void transaction; effect.

45-905 - Application for license; form; contents; criminal history record information check.

45-905.01 - Nationwide Mortgage Licensing System and Registry; licensees; requirements; director; powers and duties.

45-906 - Application; fees; bond.

45-907 - Application; notice of filing; publication; hearing; investigation; costs.

45-908 - License; issuance; conditions.

45-909 - Application for license; timely action of director required; appeal.

45-910 - License; posting; renewal; fees.

45-911 - Surrender of license; effect.

45-912 - Licensee; duty to inform director; when.

45-913 - License; not transferable or assignable.

45-914 - Change in control of licensee; approval required.

45-915 - Licensee; principal place of business; change of location; branch offices; approval required; fees.

45-915.01 - Licensee; books and records.

45-916 - Operating with other business; conditions.

45-917 - Licensee; written notice; contents; fees, charges, and penalties; posting required.

45-918 - Annual percentage rate; violation; effect; fee; limitation.

45-918.01 - Returned check; collection; returned check charge; court costs; attorney's fees.

45-918.02 - Prepayment; how treated.

45-918.03 - Rescission; redemption.

45-918.04 - Licensee; payment options; electronic payment with authorization.

45-919 - Acts prohibited.

45-919.01 - Extended payment plan; request; terms; default.

45-920 - Director; examination of licensee; powers; costs.

45-921 - Alleged violations; director; powers and duties.

45-922 - Licensee; disciplinary actions; failure to renew.

45-923 - Cease and desist order; procedure; appeal.

45-924 - Injunction, restraining order, or writ of mandamus.

45-925 - Violations; orders authorized; administrative fine; lien; failure to pay; separate violation.

45-926 - Operating without a license; penalty.

45-927 - Fees, charges, costs, and fines; distribution.

45-928 - Personal jurisdiction over licensee.

45-929 - Director; rules and regulations; additional powers.

45-930 - Financial Literacy Cash Fund; created; use; investment.

45-931 - Licensees; annual report; contents; department; duties; report.

45-1001 - Act, how cited.

45-1002 - Terms, defined; act; applicability.

45-1003 - Installment loans; financial institution ineligible.

45-1004 - Installment loans; license required, when; authority of licensee; affiliate of licensee; how treated.

45-1005 - Installment loans; license; application; fee.

45-1006 - Installment loans; application hearing; protest; procedure.

45-1007 - Installment loans; license; bond.

45-1008 - License; issuance; requirements; term.

45-1009 - License; application; grant or denial; time allowed; abandoned application; department; powers.

45-1010 - Installment loans; licenses; limitations as to business and persons.

45-1011 - Installment loans; place of business; separate office required; exceptions; enforcement.

45-1012 - Licensee; service of process.

45-1013 - Installment loans; license; renewal; fees; relocation of place of business; procedure; hearing; fee.

45-1014 - Installment loans; fees; disposition.

45-1015 - Installment loans; doing business without license; penalty.

45-1016 - Installment loans; rules and regulations; power of Department of Banking and Finance.

45-1017 - Licensees; business, records, and accounts; inspection; expenses; fines; lien.

45-1018 - Licensees; reports.

45-1019 - Cease and desist order; hearing; judicial review; enforcement; violation; penalty.

45-1020 - Misleading advertising prohibited; enforcement.

45-1021 - Installment loans; interest, defined.

45-1022 - Installment loans; payment in advance; application of payments.

45-1023 - Installment loans; false statement to secure; penalty.

45-1024 - Installment loans; interest rate authorized; charges permitted; computation; application of payments; violations; restrictions.

45-1025 - Installment loans; additional charges authorized; loan period; violation; effect.

45-1026 - Installment loans; insurance upon security; licensee may require; restrictions; refunds; when.

45-1027 - Installment loans; insurance procured through licensee; statement.

45-1028 - Installment loans; assignments of wages or security agreement in blank; prohibited.

45-1029 - Installment loans; power of attorney and instruments with blanks prohibited.

45-1030 - Installment loans; assignment of wages; consent of spouse necessary.

45-1031 - Installment loans; statement to borrower; contents.

45-1032 - Surrender of license; effect.

45-1033 - License; administrative fine; disciplinary actions; failure to renew.

45-1033.01 - License and registration under Nationwide Mortgage Licensing System and Registry; department; powers and duties; director; duties.

45-1033.02 - Information sharing; privilege and confidentiality; limitations; applicability of section; director; powers.

45-1034 - License; revocation; new license; court order required.

45-1035 - License; revocation; record of proceedings.

45-1036 - Appeal; procedure.

45-1037 - Violations; penalty.

45-1038 - Licensees; loan provisions; violations; effect.

45-1039 - Licensees; violations; effect.

45-1040 - Repayment of loan; licensee; duties.

45-1041 - Installment loans; enforcement.

45-1042 - Loans made outside of state; enforcement in this state.

45-1043 - Borrower's obligation; licensee; contacts limitation.

45-1044 - Borrower's obligation; contact; limitation; waiver.

45-1045 - Licensee; contacts permitted without borrower's consent.

45-1046 - Borrower; default; notice to licensee; effect.

45-1047 - Licensee; actions; permitted; prohibited.

45-1048 - Borrower; right to action; licensee; judgment; effect.

45-1049 - Borrower; default; agreement; extent of enforceability.

45-1050 - Borrower; loan; default; licensee; notice; contents.

45-1051 - Borrower; loan; default; right to cure; procedure.

45-1052 - Borrower; loan; default; licensee; possession of collateral; restrictions.

45-1053 - Loan; third-party obligation; when.

45-1054 - Borrower; deficiency; liability; how treated.

45-1055 - Writing evidencing borrower's obligation; form; copies; fee; licensee; duties.

45-1056 - Licensee; discrimination prohibited.

45-1057 - Licensee; loan; former debt; how treated.

45-1058 - Violation; loan transaction; licensee; liability.

45-1059 - Preauthorized loans; definitions; where found.

45-1060 - Billing cycle, defined.

45-1061 - Preauthorized loan, defined.

45-1062 - Preauthorized loans; charges authorized; computation.

45-1063 - Preauthorized loan; repayment; requirements.

45-1064 - Preauthorized loans; additional fees, costs, and expenses authorized; restrictions.

45-1065 - Preauthorized loans; security interest authorized.

45-1066 - Preauthorized loans; sections not applicable.

45-1067 - Preauthorized loans; department; powers.

45-1068 - Reverse-mortgage loan; rules governing; how made or acquired; charges authorized; forfeiture by lender.

45-1069 - Administrative fine; procedure; lien.

45-1070 - Minimum term.

45-1101 - Act, how cited.

45-1102 - Purpose of act; exclusions from act; exemption from insurance requirements.

45-1103 - Terms, defined.

45-1104 - Guaranteed asset protection waivers; not insurance; exempt from insurance laws; sale options; separate statement of cost; part of finance agreement; sale and marketing restrictions.

45-1105 - Guaranteed asset protection waiver; disclosures required.

45-1106 - Guaranteed asset protection waiver agreement; authorized terms; cancellation or early termination of finance agreement; refund; calculation; disposition.

45-1107 - Modification of guaranteed asset protection waiver; limitations.

45-1201 - Act, how cited.

45-1202 - Terms, defined.

45-1203 - Contractor; payment; payment request; subcontractor; payment; retainage; payment.

45-1204 - Withholdings; authorized.

45-1205 - Delay in payment; additional interest payment.

45-1206 - Other remedies available.

45-1207 - Residential real property; applicability of act.

45-1208 - Applicability to contracts entered into on or after October 1, 2010.

45-1209 - Contract provisions; void.

45-1210 - Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized.

45-1211 - Violation of act; action for recovery; attorney's fees and costs.