reglab/housing_qa huggingface dataset:
NE Code § 45-744 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-744 - Cease and desist orders; department; powers; judicial review; violation; penalty.

45-744.  Cease and desist orders; department; powers; judicial review; violation; penalty.(1) The department may order any person to cease and desist whenever the department determines that the person has violated any provision of the Residential Mortgage Licensing Act. Upon entry of a cease and desist order, the director shall promptly notify the affected person that such order has been entered, of the reasons for such order, and that upon receipt, within fifteen business days after the date of the order, of written request from the affected person a hearing will be scheduled within thirty business days after the date of receipt of the written request unless the parties consent to a later date or the hearing officer sets a later date for good cause. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated.(2) The director may vacate or modify a cease and desist order if he or she finds that the conditions which caused its entry have changed or that it is otherwise in the public interest to do so.(3) A person aggrieved by a cease and desist order of the director may obtain judicial review of the order in the manner prescribed in the Administrative Procedure Act and the rules and regulations adopted and promulgated under the act. The director may obtain an order from the district court of Lancaster County for the enforcement of the cease and desist order.(4) A person who violates a cease and desist order of the director may, after notice and hearing and upon further order of the director, be subject to a penalty of not more than five thousand dollars for each act in violation of the cease and desist order.Source   Laws 1989, LB 272, § 20;   Laws 1995, LB 163, § 8;  Laws 2000, LB 932, § 33;  Laws 2001, LB 53, § 102;  Laws 2006, LB 876, § 33;   R.S.Supp.,2008, § 45-717;  Laws 2009, LB328, § 29. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 45-745 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-745 - Appeals.

45-745.  Appeals.In addition to any other remedy a licensee may have, any licensee or any person considering himself or herself aggrieved by any action of the department under the Residential Mortgage Licensing Act may appeal the action, and the appeal shall be in accordance with the Administrative Procedure Act and the rules and regulations adopted and promulgated under the act.Source   Laws 1989, LB 272, § 21;   R.S.1943, (2004), § 45-718;  Laws 2009, LB328, § 30. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 45-746 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-746 - Enforcement of act; director; powers; construction of act; failure to comply with act; effect.

45-746.  Enforcement of act; director; powers; construction of act; failure to comply with act; effect.(1) The director may request the Attorney General to enforce the Residential Mortgage Licensing Act. A civil enforcement action by the Attorney General may be filed in the district court of Lancaster County. A civil enforcement action by the Attorney General may seek temporary and permanent injunctive relief, restitution for a borrower aggrieved by a violation of the act, and costs for the investigation and prosecution of the enforcement action.(2) Except when expressly authorized, there shall be no private cause of action for any violation of the act.(3) Nothing in the act shall limit any statutory or common-law right of any person to bring any action in any court for any act involved in the mortgage banking business or the right of the state to punish any person for any violation of law.(4) Failure to comply with the act shall not affect the validity or enforceability of any residential mortgage loan. A person acquiring a residential mortgage loan or an interest in a residential mortgage loan is not required to ascertain the extent of compliance with the act.Source  Laws 2006, LB 876, § 35;   R.S.Supp.,2008, § 45-717.02;  Laws 2009, LB328, § 31.
NE Code § 45-747 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-747 - Prohibited acts; penalty.

45-747.  Prohibited acts; penalty.(1) Any person required to be licensed or registered under the Residential Mortgage Licensing Act who, without first obtaining a license or registration under the act or while such license is on inactive status or expired or has been suspended, revoked, or canceled by the director, engages in the business of or occupation of, advertises or holds himself or herself out as, claims to be, or temporarily acts as a mortgage banker or mortgage loan originator in this state is guilty of a Class II misdemeanor.(2) Any individual who has been convicted of, pleaded guilty to, or been found guilty after a plea of nolo contendere to (a) a misdemeanor under any state or federal law which involves dishonesty or fraud or which involves any aspect of the mortgage banking business, depository institution business, or installment loan company business or (b) any felony under state or federal law, and is employed by or maintains a contractual relationship as an agent of, any person required to be licensed or registered under the act, is guilty of a Class I misdemeanor.Source   Laws 1989, LB 272, § 11;  Laws 1999, LB 396, § 34;  Laws 2007, LB124, § 44;   R.S.Supp.,2008, § 45-708;  Laws 2009, LB328, § 32.
NE Code § 45-749 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-749 - Information sharing; privilege and confidentiality; limitations; applicability of section; director; powers.

45-749.  Information sharing; privilege and confidentiality; limitations; applicability of section; director; powers.(1) In order to promote more effective regulation and reduce the regulatory burden through supervisory information sharing:(a) Except as otherwise provided in this section, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material may be shared with all federal and state regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law;(b) Information or material that is subject to a privilege or confidentiality under subdivision (1)(a) of this section shall not be subject to:(i) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or(ii) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person, that privilege;(c) Any state statute relating to the disclosure of confidential supervisory information or any information or material described in subdivision (1)(a) of this section that is inconsistent with such subdivision shall be superseded by the requirements of this section; and(d) This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, applicants and licensees that is included in the Nationwide Mortgage Licensing System and Registry for access by the public.(2) For these purposes, the director is authorized to enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies as established by adopting and promulgating rules and regulations or by order of the director.Source  Laws 2009, LB328, § 34;  Laws 2010, LB892, § 18.
NE Code § 45-750 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-750 - Department; duties; rules and regulations.

45-750.  Department; duties; rules and regulations.(1) The department shall be responsible for the administration and enforcement of the Residential Mortgage Licensing Act.(2) The department may adopt and promulgate such rules and regulations as it may deem necessary in the administration of the act and not inconsistent with the act. The department shall make a good faith effort to provide a copy of the notice of hearing as required by section 84-907 in a timely manner to all licensees. Such notice may be sent electronically to licensees.Source   Laws 1989, LB 272, § 18;  Laws 2003, LB 218, § 10;  Laws 2007, LB124, § 48;   R.S.Supp.,2008, § 45-715;  Laws 2009, LB328, § 35.
NE Code § 45-751 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-751 - Money collected; disposition.

45-751.  Money collected; disposition.(1) All fees, charges, and costs collected by the department pursuant to the Residential Mortgage Licensing Act shall be remitted to the State Treasurer for credit to the Financial Institution Assessment Cash Fund.(2) The department shall remit fines collected under the Residential Mortgage Licensing Act to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source   Laws 1989, LB 272, § 19;   Laws 1994, LB 1066, § 32;   Laws 1995, LB 163, § 7;   Laws 1995, LB 599, § 14;  Laws 2003, LB 218, § 11;  Laws 2007, LB124, § 51;   R.S.Supp.,2008, § 45-716;  Laws 2009, LB328, § 36.
NE Code § 45-752 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-752 - Act; liberal construction.

45-752.  Act; liberal construction.The Residential Mortgage Licensing Act shall be construed liberally so as to effectuate its purposes.Source   Laws 1989, LB 272, § 22;   R.S.1943, (2004), § 45-719;  Laws 2009, LB328, § 37.
NE Code § 45-753 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-753 - Personal jurisdiction; when.

45-753.  Personal jurisdiction; when.Application for a license as a mortgage banker, for registration as a mortgage banker, or for a license as a mortgage loan originator pursuant to the Residential Mortgage Licensing Act shall constitute sufficient contact with this state for the exercise of personal jurisdiction in any action arising under the act.Source   Laws 1989, LB 272, § 23;   R.S.1943, (2004), § 45-720;  Laws 2009, LB328, § 38.
NE Code § 45-754 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-754 - Loans subject to act.

45-754.  Loans subject to act.Any residential mortgage loan made with respect to real property located in this state shall be subject to the Residential Mortgage Licensing Act and all other applicable laws of this state, notwithstanding the place of execution, either nominal or real, of such residential mortgage loan.Source   Laws 1989, LB 272, § 24;   R.S.1943, (2004), § 45-721;  Laws 2009, LB328, § 39.
NE Code § 45-801 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-801 - Act, how cited.

45-801.  Act, how cited.Sections 45-801 to 45-815 shall be known and may be cited as the Credit Services Organization Act.Source  Laws 1991, LB 292, § 1.
NE Code § 45-802 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-802 - Terms, defined.

45-802.  Terms, defined.For purposes of the Credit Services Organization Act:(1) Buyer shall mean an individual who is solicited to purchase or who purchases the services of a credit services organization;(2) Consumer reporting agency shall have the meaning assigned by the Fair Credit Reporting Act, 15 U.S.C. 1681a(f);(3) Credit services organization shall mean a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides or represents that the person can or will provide any of the following services:(a) Improving a buyer's credit record, history, or rating;(b) Obtaining an extension of credit for a buyer; or(c) Providing advice or assistance to a buyer with regard to subdivision (a) or (b) of this subdivision;(4) Extension of credit shall mean the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family, or household purposes; and(5) Person shall include individual, corporation, company, association, partnership, limited liability company, and other business entity.Source   Laws 1991, LB 292, § 2;   Laws 1993, LB 121, § 276.
NE Code § 45-803 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-803 - Exemptions.

45-803.  Exemptions.(1) The following shall be exempt from the Credit Services Organization Act:(a) A person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the National Housing Act, 12 U.S.C. 1701 et seq.;(b) A bank or savings and loan association whose deposit or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or a subsidiary of such a bank or savings and loan association;(c) A credit union doing business in this state;(d) A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code;(e) A person licensed as a real estate broker or salesperson under the Nebraska Real Estate License Act acting within the course and scope of that license;(f) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney;(g) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation;(h) A consumer reporting agency;(i) A person whose primary business is making loans secured by liens on real property;(j) A person, firm, corporation, or association licensed as a collection agency in this state or a person holding a solicitor's certificate in this state acting within the course and scope of that license or certificate; and(k) A person licensed to engage in the business of debt management pursuant to sections 69-1201 to 69-1217.(2) The burden of proving an exemption under this section shall be on the person claiming the exemption.Source   Laws 1991, LB 292, § 3;   Laws 1995, LB 574, § 50.  Cross References   For provisions on licensing of collection agencies and solicitors, see Chapter 45, article 6.  Nebraska Real Estate License Act, see section 81-885.
NE Code § 45-804 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-804 - Prohibited acts.

45-804.  Prohibited acts.A credit services organization, a salesperson, an agent, or a representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not:(1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45-805;(2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained;(3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public;(4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit;(5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization;(6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit;(7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45-806 unless otherwise provided by the Credit Services Organization Act; or(8) Notwithstanding any other provision of law, charge any brokerage fees or any other fees or charges whatsoever in connection with a loan governed by the Nebraska Installment Loan Act.Source   Laws 1991, LB 292, § 4;  Laws 2018, LB194, § 1.  Cross References  Nebraska Installment Loan Act, see section 45-1001.
NE Code § 45-805 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-805 - Surety bond or surety account; requirements; action on surety; depository; Secretary of State; powers and duties.

45-805.  Surety bond or surety account; requirements; action on surety; depository; Secretary of State; powers and duties.(1) A credit services organization conducting business in this state shall obtain a surety bond or establish a surety account which complies with this section. The bond or account shall be in the amount of one hundred thousand dollars.(2) If a surety bond is obtained, the bond shall be issued by a surety company authorized to do business in this state and a copy of the bond shall be filed with the Secretary of State. If a surety account is established, the account shall be established and maintained at a federally insured bank or savings and loan association located in this state and notification of the depository, the trustee, and the account number shall be filed with the Secretary of State.(3) The bond or account shall be in favor of the state for the benefit of any person who is damaged by any violation of the Credit Services Organization Act. The bond or account shall also be in favor of any person damaged by such a violation.(4) Any person claiming against the bond or account for a violation of the act may maintain an action at law against the credit services organization and against the surety or trustee. The surety or trustee shall be liable only for damages awarded under section 45-810. The aggregate liability of the surety or trustee to all persons damaged by a credit services organization's violation of the act shall not exceed the amount of the bond or account.(5) A depository holding money in a surety account under the act shall not convey money in the account to the credit services organization that established the account or a representative of the credit services organization unless the credit services organization or representative presents a statement issued by the Secretary of State indicating that subsection (6) of this section has been satisfied in relation to the account. The Secretary of State may conduct investigations and require submission of information as necessary to enforce this subsection.(6) The bond or account shall be maintained until two years after the date that the credit services organization ceases operation in this state.Source  Laws 1991, LB 292, § 5.
NE Code § 45-806 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-806 - Registration statement; contents; requirements; fee.

45-806.  Registration statement; contents; requirements; fee.(1) A credit services organization shall file a registration statement with the Secretary of State before conducting business in this state. The registration statement shall contain:(a) The name and address of the credit services organization; and(b) The name and address of any person who directly or indirectly owns or controls ten percent or more of the outstanding shares of stock in the credit services organization.(2) The registration statement shall also contain either:(a) A full and complete disclosure of any litigation or unresolved complaint filed with a governmental authority of this state relating to the operation of the credit services organization; or(b) A notarized statement that there has been no litigation or unresolved complaint filed with a governmental authority of this state relating to the operation of the credit services organization.(3) The credit services organization shall update the registration statement within ninety days after the date on which a change in the information required in the statement occurs.(4) Each credit services organization registering under this section shall maintain a copy of the registration statement in the files of the credit services organization. The credit services organization shall allow a buyer to inspect the registration statement on request.(5) The Secretary of State may charge each credit services organization that files a registration statement with the Secretary of State a reasonable fee not to exceed one hundred dollars to cover the cost of filing. The Secretary of State shall remit the fees received pursuant to this section to the State Treasurer for credit to the Secretary of State Cash Fund. The Secretary of State shall not require a credit services organization to provide information other than that provided in the registration statement.Source   Laws 1991, LB 292, § 6;  Laws 2020, LB910, § 16.   Operative Date: July 1, 2021