PocketLaw | Nebraska Revised Statutes | Interest, Loans, and Debt

Interest, Loans, and Debt

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Section
45-1,100

Transferred to section 45-1064.

Section
45-1,101

Transferred to section 45-1065.

Section
45-1,102

Transferred to section 45-1066.

Section
45-1,103

Transferred to section 45-1067.

Section
45-1,104

Federal interest rate limitations; rejected by state.

Section
45-1,105

Terms, defined.

Section
45-1,106

Consumer credit transaction; default; notice required.

Section
45-1,107

Consumer credit transaction; default; consumer's right to cure.

Section
45-1,108

Consumer credit transaction; voluntary surrender of goods; creditor's right to enforce security interest.

Section
45-1,109

Consumer credit transactions; procedures; when applicable.

Section
45-1,110

Consumer credit default procedures; not applicable to certain licensees.

Section
45-1,111

Forced sale; disposition of certain proceeds.

Section
45-1,112

Terms, defined.

Section
45-1,113

Action or defense based on credit agreement; requirements.

Section
45-1,114

Implied credit agreement; limitations.

Section
45-1,115

Sections; applicability.

Section
45-1,116

Transferred to section 45-1068.

Repealed. Laws 1975, LB 349, § 6.

Section
45-101.01

Unconstitutional.

Section
45-101.02

Terms, defined.

Section
45-101.03

General interest rate; maximum; variable rate authorized; conditions.

Section
45-101.04

General interest rate; maximum; when not applicable.

Section
45-101.05

Mortgage loan; escrow account; how established and maintained.

Section
45-101.06

Escrow accounts; not required.

Section
45-101.07

Violations; penalty.

Interest; legal rate; exception.

Interest; judgments; decrees; rate; exceptions.

Section
45-103.01

Postjudgment interest; accrual; when.

Section
45-103.02

Prejudgment interest; accrual; when; conditions.

Section
45-103.03

Interest; how computed.

Section
45-103.04

Prejudgment interest; exceptions.

Interest; other contract obligations.

Section
45-104.01

Interest; political subdivisions; delinquent taxes; special assessments.

Section
45-104.02

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

Usury; penalty.

Section
45-105.01

Unconstitutional.

Interest; warrants or orders.

Interest; effect on purchase of certain lands.

Interest; rate; when calculated by the year.

Contracts for payment of money or indebtedness; when usurious.

Usurious contracts; limit of recovery.

Usury; civil proceedings; testimony of lender compellable.

Usury; relief; tender of principal unnecessary.

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

Transferred to section 45-1002.

Transferred to section 45-1003.

Transferred to section 45-1004.

Transferred to section 45-1005.

Transferred to section 45-1006.

Transferred to section 45-1007.

Transferred to section 45-1008.

Transferred to section 45-1009.

Transferred to section 45-1010.

Transferred to section 45-1011.

Transferred to section 45-1012.

Repealed. Laws 1983, LB 447, § 104.

Transferred to section 45-1013.

Transferred to section 45-1014.

Transferred to section 45-1015.

Transferred to section 45-1016.

Transferred to section 45-1017.

Transferred to section 45-1018.

Transferred to section 45-1019.

Transferred to section 45-1020.

Transferred to section 45-1021.

Transferred to section 45-1022.

Transferred to section 45-1023.

Transferred to section 45-1024.

Transferred to section 45-1025.

Transferred to section 45-1026.

Transferred to section 45-1027.

Repealed. Laws 1957, c. 185, § 5.

Transferred to section 45-1028.

Transferred to section 45-1029.

Transferred to section 45-1030.

Transferred to section 45-1031.

Repealed. Laws 2001, LB 53, § 115.

Repealed. Laws 2001, LB 53, § 115.

Transferred to section 45-1034.

Transferred to section 45-1035.

Transferred to section 45-1036.

Repealed. Laws 1988, LB 352, § 190.

Repealed. Laws 1988, LB 352, § 190.

Transferred to section 45-1037.

Transferred to section 45-1038.

Transferred to section 45-1039.

Section
45-155.01

Repealed. Laws 1989, LB 3, § 2.

Transferred to section 45-1040.

Transferred to section 45-1041.

Transferred to section 45-1042.

Repealed. Laws 1982, LB 592, § 2.

Repealed. Laws 1982, LB 592, § 2.

Repealed. Laws 1982, LB 592, § 2.

Repealed. Laws 1982, LB 592, § 2.

Repealed. Laws 1971, LB 684, § 1.

Repealed. Laws 1971, LB 684, § 1.

Repealed. Laws 1971, LB 684, § 1.

Section
45-165.01

Repealed. Laws 1971, LB 684, § 1.

Section
45-165.02

Repealed. Laws 1971, LB 684, § 1.

Repealed. Laws 1971, LB 684, § 1.

Repealed. Laws 1971, LB 684, § 1.

Repealed. Laws 1971, LB 684, § 1.

Repealed. Laws 1971, LB 684, § 1.

Repealed. Laws 1959, c. 264, § 1, p. 952.

Repealed. Laws 1971, LB 684, § 1.

Repealed. Laws 1971, LB 684, § 1.

Transferred to section 45-1043.

Transferred to section 45-1044.

Transferred to section 45-1045.

Transferred to section 45-1046.

Transferred to section 45-1047.

Transferred to section 45-1048.

Transferred to section 45-1049.

Transferred to section 45-1050.

Transferred to section 45-1051.

Transferred to section 45-1052.

Transferred to section 45-1053.

Transferred to section 45-1054.

Transferred to section 45-1055.

Transferred to section 45-1056.

Transferred to section 45-1057.

Transferred to section 45-1058.

Section
45-188.01

Repealed. Laws 2001, LB 53, § 115.

Loan brokers; legislative findings.

Terms, defined.

Loan brokers; prohibited acts.

Section
45-191.01

Loan brokerage agreement; written disclosure statement; requirements.

Section
45-191.02

Loan brokers; filings with department required; filing fees.

Section
45-191.03

Prohibited acts; violations; penalties.

Section
45-191.04

Loan brokerage agreement; requirements; right to cancel.

Section
45-191.05

Waiver of sections; attempt; prohibited.

Section
45-191.06

Department; adopt rules and regulations.

Section
45-191.07

Violation of loan brokerage agreement by loan broker; effect.

Section
45-191.08

Director; enforcement powers.

Section
45-191.09

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

Section
45-191.10

Persons exempt.

Section
45-191.11

Burden of proof.

Repealed. Laws 1993, LB 270, § 15.

Repealed. Laws 1993, LB 270, § 15.

Transferred to section 45-1059.

Transferred to section 45-1060.

Transferred to section 45-1061.

Repealed. Laws 2001, LB 53, § 115.

Transferred to section 45-1062.

Transferred to section 45-1063.

Repealed. Laws 1965, c. 267, § 7.

Repealed. Laws 1965, c. 267, § 7.

Repealed. Laws 1965, c. 267, § 7.

Terms, defined.

Agreements; requirements; fees and delinquency charges authorized.

Monthly statement by seller; contents; payment in full; requirements.

Time-price differential; rate; maximum.

Violations; penalty.

Prohibited acts.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1963, c. 270, § 21, p. 817.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Repealed. Laws 1965, c. 268, § 22, p. 768.

Transferred to section 45-408.

Act, how cited.

Terms, defined.

Installment contract; requirements.

Insurance; policy; cancellation; premium refund; fee.

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

Subsequent purchases; consolidate with previous contract; requirements.

Contracts negotiated by mail; requirements.

Delinquency charges; limitation; fee.

Prepayment; rebate; how computed.

Failure to obtain license; penalty.

Excess charges; penalty.

License; requirement; exception.

License; application; contents; issuance; bond; fee; term; director; duties.

Section
45-346.01

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

Fees; disposition.

License; renewal; licensee; duties; fee; voluntary surrender of license.

Repealed. Laws 1983, LB 447, § 104.

License; denial of renewal; suspension; revocation; appeal.

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

Section
45-351.01

Holder of contract; extension or deferment authorized; fee.

Rules and regulations; adopt.

Violations; enforcement; receiver; appointment; powers; duties.

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

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

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

Repealed. Laws 1973, LB 3, § 1.

Repealed. Laws 1973, LB 3, § 1.

Repealed. Laws 1973, LB 3, § 1.

Repealed. Laws 1973, LB 3, § 1.

Repealed. Laws 1973, LB 3, § 1.

Repealed. Laws 1973, LB 3, § 1.

Repealed. Laws 1973, LB 3, § 1.

Repealed. Laws 1989, LB 3, § 2.

Repealed. Laws 1969, c. 45, § 3.

Repealed. Laws 1969, c. 45, § 3.

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

Terms, defined.

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

Board; adopt rules and regulations.

Board; duties; application for license; filing; issuance; denial; appeal.

Section
45-605.01

Nationwide Mortgage Licensing System and Registry; licensure and registration; requirements.

License; application; fees; financial statement; form.

License; qualifications of licensee.

Licensee; bond; conditions.

License; form; display.

Licensee; employees; solicitor's certificates; form.

Licenses; certificates; expiration; renewal; application; time.

Licensee; solicitor; violation; conviction; revocation; hearing; order.

Licensee; solicitor; complaint; citation; notice; hearing.

Licensee; solicitor; citation; power to issue subpoenas; depositions.

Licensee; solicitor; citation; hearing; board; findings; powers.

License; solicitor's certificate; appeals; procedure.

Licensee; solicitor's certificate; appeal; effect.

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

Licensee; board; require financial statement; confidential.

License; certificates; fees.

Repealed. Laws 2020, LB910, § 49.

Licensee; solicitor; prohibited from practice of law.

Collection of public debts; contracts authorized; requirements.

Act, how cited.

Terms, defined.

Section
45-702.01

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

Act; exemptions.

Section
45-703.01

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

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

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

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

Transferred to section 45-742.

Transferred to section 45-747.

Transferred to section 45-724.

Transferred to section 45-741.

Transferred to section 45-737.

Transferred to section 45-738.

Transferred to section 45-739.

Transferred to section 45-740.

Transferred to section 45-750.

Transferred to section 45-751.

Transferred to section 45-744.

Section
45-717.01

Transferred to section 45-743.

Section
45-717.02

Transferred to section 45-746.

Transferred to section 45-745.

Transferred to section 45-752.

Transferred to section 45-753.

Transferred to section 45-754.

Transferred to section 45-725.

Transferred to section 45-748.

Surety bond; requirements.

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

Reports.

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

License; application; form; fee; use of nationwide registry.

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

Prelicensing education requirements; course review and approval; relicensure requirements.

Written test requirement; subject areas.

License; term; renewal; minimum standards for renewal; fee; denial; appeal.

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

Mortgage loan originator license; inactive status; duration; renewal; reactivation.

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

Unique identifier; use.

Mortgage banker; licensee; duties.

Section
45-737.01

Mortgage loan originator; licensee; duties.

Licensee; failure to deliver abstract of title.

Transfer of servicing rights; duties.

Prohibited acts; violation; penalty; civil liability.

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

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

Section
45-742.01

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

Violations; administrative fine; costs; lien.

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

Appeals.

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

Prohibited acts; penalty.

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

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

Department; duties; rules and regulations.

Money collected; disposition.

Act; liberal construction.

Personal jurisdiction; when.

Loans subject to act.

Act, how cited.

Terms, defined.

Exemptions.

Prohibited acts.

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

Registration statement; contents; requirements; fee.

Written statement to buyer; contents; credit services organization; duties.

Contract; requirements; cancellation; procedure; notice; breach; effect.

Waiver of rights; void.

Damages.

Violation; injunction.

Violation; deceptive trade practice.

Statute of limitations.

Violation; penalty.

Remedies.

Act, how cited.

Terms, defined.

Act; not applicable to financial institutions.

License required; void transaction; effect.

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

Section
45-905.01

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

Application; fees; bond.

Application; notice of filing; publication; hearing; investigation; costs.

License; issuance; conditions.

Application for license; timely action of director required; appeal.

License; posting; renewal; fees.

Surrender of license; effect.

Licensee; duty to inform director; when.

License; not transferable or assignable.

Change in control of licensee; approval required.

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

Section
45-915.01

Licensee; books and records.

Operating with other business; conditions.

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

Annual percentage rate; violation; effect; fee; limitation.

Section
45-918.01

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

Section
45-918.02

Prepayment; how treated.

Section
45-918.03

Rescission; redemption.

Section
45-918.04

Licensee; payment options; electronic payment with authorization.

Acts prohibited.

Section
45-919.01

Extended payment plan; request; terms; default.

Director; examination of licensee; powers; costs.

Alleged violations; director; powers and duties.

Licensee; disciplinary actions; failure to renew.

Cease and desist order; procedure; appeal.

Injunction, restraining order, or writ of mandamus.

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

Operating without a license; penalty.

Fees, charges, costs, and fines; distribution.

Personal jurisdiction over licensee.

Director; rules and regulations; additional powers.

Financial Literacy Cash Fund; created; use; investment.

Licensees; annual report; contents; department; duties; report.

Section
45-1001

Act, how cited.

Section
45-1002

Terms, defined; act; applicability.

Section
45-1003

Installment loans; financial institution ineligible.

Section
45-1004

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

Section
45-1005

Installment loans; license; application; fee.

Section
45-1006

Installment loans; application hearing; protest; procedure.

Section
45-1007

Installment loans; license; bond.

Section
45-1008

License; issuance; requirements; term.

Section
45-1009

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

Section
45-1010

Installment loans; licenses; limitations as to business and persons.

Section
45-1011

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

Section
45-1012

Licensee; service of process.

Section
45-1013

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

Section
45-1014

Installment loans; fees; disposition.

Section
45-1015

Installment loans; doing business without license; penalty.

Section
45-1016

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

Section
45-1017

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

Section
45-1018

Licensees; reports.

Section
45-1019

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

Section
45-1020

Misleading advertising prohibited; enforcement.

Section
45-1021

Installment loans; interest, defined.

Section
45-1022

Installment loans; payment in advance; application of payments.

Section
45-1023

Installment loans; false statement to secure; penalty.

Section
45-1024

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

Section
45-1025

Installment loans; additional charges authorized; loan period; violation; effect.

Section
45-1026

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

Section
45-1027

Installment loans; insurance procured through licensee; statement.

Section
45-1028

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

Section
45-1029

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

Section
45-1030

Installment loans; assignment of wages; consent of spouse necessary.

Section
45-1031

Installment loans; statement to borrower; contents.

Section
45-1032

Surrender of license; effect.

Section
45-1033

License; administrative fine; disciplinary actions; failure to renew.

Section
45-1033.01

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

Section
45-1033.02

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

Section
45-1034

License; revocation; new license; court order required.

Section
45-1035

License; revocation; record of proceedings.

Section
45-1036

Appeal; procedure.

Section
45-1037

Violations; penalty.

Section
45-1038

Licensees; loan provisions; violations; effect.

Section
45-1039

Licensees; violations; effect.

Section
45-1040

Repayment of loan; licensee; duties.

Section
45-1041

Installment loans; enforcement.

Section
45-1042

Loans made outside of state; enforcement in this state.

Section
45-1043

Borrower's obligation; licensee; contacts limitation.

Section
45-1044

Borrower's obligation; contact; limitation; waiver.

Section
45-1045

Licensee; contacts permitted without borrower's consent.

Section
45-1046

Borrower; default; notice to licensee; effect.

Section
45-1047

Licensee; actions; permitted; prohibited.

Section
45-1048

Borrower; right to action; licensee; judgment; effect.

Section
45-1049

Borrower; default; agreement; extent of enforceability.

Section
45-1050

Borrower; loan; default; licensee; notice; contents.

Section
45-1051

Borrower; loan; default; right to cure; procedure.

Section
45-1052

Borrower; loan; default; licensee; possession of collateral; restrictions.

Section
45-1053

Loan; third-party obligation; when.

Section
45-1054

Borrower; deficiency; liability; how treated.

Section
45-1055

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

Section
45-1056

Licensee; discrimination prohibited.

Section
45-1057

Licensee; loan; former debt; how treated.

Section
45-1058

Violation; loan transaction; licensee; liability.

Section
45-1059

Preauthorized loans; definitions; where found.

Section
45-1060

Billing cycle, defined.

Section
45-1061

Preauthorized loan, defined.

Section
45-1062

Preauthorized loans; charges authorized; computation.

Section
45-1063

Preauthorized loan; repayment; requirements.

Section
45-1064

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

Section
45-1065

Preauthorized loans; security interest authorized.

Section
45-1066

Preauthorized loans; sections not applicable.

Section
45-1067

Preauthorized loans; department; powers.

Section
45-1068

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

Section
45-1069

Administrative fine; procedure; lien.

Section
45-1070

Minimum term.

Section
45-1101

Act, how cited.

Section
45-1102

Purpose of act; exclusions from act; exemption from insurance requirements.

Section
45-1103

Terms, defined.

Section
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.

Section
45-1105

Guaranteed asset protection waiver; disclosures required.

Section
45-1106

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

Section
45-1107

Modification of guaranteed asset protection waiver; limitations.

Section
45-1201

Act, how cited.

Section
45-1202

Terms, defined.

Section
45-1203

Contractor; payment; payment request; subcontractor; payment; retainage; payment.

Section
45-1204

Withholdings; authorized.

Section
45-1205

Delay in payment; additional interest payment.

Section
45-1206

Other remedies available.

Section
45-1207

Residential real property; applicability of act.

Section
45-1208

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

Section
45-1209

Contract provisions; void.

Section
45-1210

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

Section
45-1211

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