Nebraska Revised Statutes
Chapter 45 - Interest, Loans, and Debt
45-602 - Terms, defined.

45-602. Terms, defined.
For purposes of the Collection Agency Act:
(1) Board means the Collection Agency Licensing Board;
(2) Collection agency means and includes:
(a) All persons, firms, corporations, and associations directly or indirectly engaged in soliciting, from more than one person, firm, corporation, or association, claims of any kind owed or due or asserted to be owed or due such solicited person, firm, corporation, or association, and all persons, firms, corporations, and associations directly or indirectly engaged in asserting, enforcing, or prosecuting such claims;
(b) Any person, firm, corporation, or association which, in attempting to collect or in collecting his, her, or its own accounts or claims, uses a fictitious name or any name other than his, her, or its own name which would indicate to the debtor that a third person is collecting or attempting to collect such account or claim; and
(c) Any person, firm, corporation, or association which attempts to or does give away or sell to any person, firm, corporation, or association, other than one licensed under the act, any system or series of letters or forms for use in the collection of accounts or claims which assert or indicate, directly or indirectly, that the claim or account is being asserted or collected by any other person, firm, corporation, or association other than the creditor or owner of the claim or demand;
(3) Collection agency does not mean or include (a) regular employees of a single creditor, (b) banks, (c) trust companies, (d) savings and loan associations, (e) building and loan associations, (f) abstract companies doing an escrow business, (g) duly licensed real estate brokers and agents when the claims or accounts being handled by such broker or agent are related to or are in connection with such brokers' or agents' regular real estate business, (h) express and telegraph companies subject to public regulation and supervision, (i) attorneys at law handling claims and collections in their own names and not operating a collection agency under the management of a layperson, (j) any person, firm, corporation, or association handling claims, accounts, or collections under an order or orders of any court, or (k) a person, firm, corporation, or association which, for valuable consideration, purchases accounts, claims, or demands of another and then, in such purchaser's own name, proceeds to assert or collect such accounts, claims, or demands; and
(4) Nationwide Mortgage Licensing System and Registry means a licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of mortgage loan originators, mortgage bankers, installment loan companies, and other state-regulated financial services entities and industries.
Source

Structure Nebraska Revised Statutes

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.