reglab/housing_qa huggingface dataset:
NE Code § 45-1038 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1038 - Licensees; loan provisions; violations; effect.

45-1038.  Licensees; loan provisions; violations; effect.If, in the making of, or collection on, any loan contract, any act is done which constitutes a Class II misdemeanor under section 45-1037, that loan shall not be void, but the licensee shall have no right to collect or receive any interest or charges whatsoever. If any interest or other charges have been collected, the licensee shall forfeit and refund to the borrower all interest and other charges collected on the loan involved.Source   Laws 1941, c. 90, § 27, p. 356;   C.S.Supp.,1941, § 45-155;   Laws 1943, c. 107, § 6, p. 373;   R.S.1943, § 45-154;   Laws 1963, Spec. Sess., c. 9, § 3, p. 110;   Laws 1963, Spec. Sess., c. 7, § 12, p. 96;   Laws 1977, LB 40, § 251;   R.S.1943, (1998), § 45-154;  Laws 2001, LB 53, § 66.  Annotations  1. Constitutional 2. Miscellaneous 1. Constitutional Legislative Bill 17 of the 1963 Special Session of the Legislature was sustained as constitutional. Kometscher v. Wade, 177 Neb. 299, 128 N.W.2d 781 (1964). Amendment to this section in 1963 Special Session by Legislative Bill 11 was unconstitutional as special legislation. State Securities Co. v. Ley, 177 Neb. 251, 128 N.W.2d 766 (1964). Retroactive change in penalty for violation of Installment Loan Act sustained as constitutional. Davis v. General Motors Acceptance Corp., 176 Neb. 865, 127 N.W.2d 907 (1964). The 1957 act purporting to repeal this section was unconstitutional. Thompson v. Commercial Credit Equipment Corp., 169 Neb. 377, 99 N.W.2d 761 (1959). 2. Miscellaneous Legislature at 1963 Special Session changed penalty for violation of this section. Highway Equipment & Supply Co. v. Jones, 182 Neb. 234, 153 N.W.2d 859 (1967). By terms of 1963 amendment, violation of section did not render contract void. Dailey v. A. C. Nelsen Co., 178 Neb. 881, 136 N.W.2d 186 (1965). Retroactive amendment of this section did not apply to transactions already reduced to judgment. Berg v. Midwest Laundry Equipment Corp., 178 Neb. 770, 135 N.W.2d 457 (1965). Installment loan made in this state was governed by laws of Nebraska. Robertson v. Burnett, 172 Neb. 385, 109 N.W.2d 716 (1961).
NE Code § 45-1040 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1040 - Repayment of loan; licensee; duties.

45-1040.  Repayment of loan; licensee; duties.Upon repayment of the loan in full, the licensee shall mark plainly every obligation or copy of the obligation and security or copy of the security signed by any obligor with the word Paid or Canceled and shall release any mortgage, trust deed, or lien, restore any pledge, and cancel and return any note or copy of the note and any assignment or copy of the assignment given to the licensee. For purposes of this section, a copy shall meet the requirements of section 25-12,112.Source   Laws 1943, c. 107, § 7, p. 374;   R.S.1943, § 45-156;   Laws 1994, LB 979, § 10;   Laws 1994, LB 980, § 2;   R.S.1943, (1998), § 45-156;  Laws 2001, LB 53, § 68.
NE Code § 45-1041 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1041 - Installment loans; enforcement.

45-1041.  Installment loans; enforcement.Whenever the director has reasonable cause to believe that any person is violating or is threatening to or intends to violate section 45-1024 or 45-1025, the director may, in addition to all actions provided for in the Nebraska Installment Loan Act, and without prejudice thereto, enter an order requiring such person to cease and desist or to refrain from such violation. An action may also be brought, on the relation of the Attorney General and the director, to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance of such violation. In any such action an order or judgment may be entered awarding such preliminary or final injunction as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court, in which such action is brought, has power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto or so much thereof as the court may deem reasonably necessary to prevent violations of the act through or by means of the use of such property and business. Such receiver, when so appointed and qualified, has such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon the receiver by the court.Source   Laws 1943, c. 107, § 8, p. 374;   R.S.1943, § 45-157;   R.S.1943, (1998), § 45-157;  Laws 2001, LB 53, § 69.  Annotations  Imposition of civil penalty is recognized. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 803, 97 N.W.2d 583 (1959). Receiver appointed under this section was entitled to allowance of fair and reasonable fees. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959). Equity will provide the same measure of relief for individual borrowers. McNish v. General Credit Corp., 164 Neb. 526, 83 N.W.2d 1 (1957). Remedies of injunction and receivership are expressly authorized. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
NE Code § 45-1042 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1042 - Loans made outside of state; enforcement in this state.

45-1042.  Loans made outside of state; enforcement in this state.No loan, made outside this state, in the amount or of the value of three thousand dollars or less, for which a greater rate of interest, consideration, or charges than is permitted by section 45-1025 has been charged, contracted for, or received, shall be enforced in this state. Every person participating in such loan in this state is subject to the Nebraska Installment Loan Act, except that the act shall not apply to loans legally made in any state under and in accordance with a regulatory small loan law similar in principle to such act.Source   Laws 1943, c. 107, § 9, p. 375;   R.S.1943, § 45-158;   Laws 1957, c. 193, § 3, p. 687;   R.S.1943, (1998), § 45-158;  Laws 2001, LB 53, § 70.  Annotations  Interest rates under a contract which was valid in the forum where executed will not be construed usurious in this state. Grady v. Denbeck, 198 Neb. 31, 251 N.W.2d 864 (1977). Loans lawfully made and to be performed outside of state are valid in this state. Kinney Loan & Finance Co. v. Sumner, 159 Neb. 57, 65 N.W.2d 240 (1954).
NE Code § 45-1043 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1043 - Borrower's obligation; licensee; contacts limitation.

45-1043.  Borrower's obligation; licensee; contacts limitation.Except as otherwise provided by the Nebraska Installment Loan Act or other law, a licensee shall not contact any individual who is not living, residing, or present in the household of the borrower regarding the borrower's obligation to pay a debt, other than the borrower's spouse, the borrower's attorney, another creditor, or a credit reporting agency.Source   Laws 1979, LB 87, § 6;   R.S.1943, (1998), § 45-173;  Laws 2001, LB 53, § 71.
NE Code § 45-1044 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1044 - Borrower's obligation; contact; limitation; waiver.

45-1044.  Borrower's obligation; contact; limitation; waiver.The borrower may waive the benefits of section 45-1043 at any time by giving consent if such consent is given at a time subsequent to the date the debt arises.Source   Laws 1979, LB 87, § 7;   R.S.1943, (1998), § 45-174;  Laws 2001, LB 53, § 72.
NE Code § 45-1045 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1045 - Licensee; contacts permitted without borrower's consent.

45-1045.  Licensee; contacts permitted without borrower's consent.The licensee may contact any person without the borrower's consent:(1) To ascertain information relating to a borrower's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the borrower's eligibility for credit or insurance if such contacts are not designed to collect a delinquent debt; or(2) To locate the borrower when the licensee has reason to believe the borrower has changed his or her employment or has moved from his or her last-known address.Source   Laws 1979, LB 87, § 8;   R.S.1943, (1998), § 45-175;  Laws 2001, LB 53, § 73.
NE Code § 45-1046 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1046 - Borrower; default; notice to licensee; effect.

45-1046.  Borrower; default; notice to licensee; effect.If the borrower has defaulted on his or her promise to pay and if he or she has given specific notice in writing, by registered or certified mail, instructing the licensee to cease further contacts with the borrower in regard to the indebtedness, the licensee shall, after such notice, except as provided in sections 45-1047 and 45-1048, limit contacts to one notice per month by mail. No notice shall be designed to threaten action not otherwise permitted by law.Source   Laws 1979, LB 87, § 9;   R.S.1943, (1998), § 45-176;  Laws 2001, LB 53, § 74.
NE Code § 45-1047 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1047 - Licensee; actions; permitted; prohibited.

45-1047.  Licensee; actions; permitted; prohibited.(1) Sections 45-1043 to 45-1046 shall not prohibit the licensee from:(a) Contacting any person in order to discover property belonging to the borrower that may be seized to satisfy a debt that has been reduced to judgment;(b) Making amicable demand and filing suit on the debt; or(c) Contacting persons related to the borrower if permission is specifically given in writing at the time the debt arises or at any time after such debt arises.(2) In connection with the collection of any loan, a licensee may not:(a) Use or threaten to use violence;(b) Use obscene or profane language;(c) Cause a telephone to ring or engage a person in telephone conversation at times known to be inconvenient to the borrower;(d) Falsely represent the character, amount, or legal status of any debt;(e) Falsely represent that an individual is an attorney when he or she is not;(f) Falsely represent that nonpayment of any debt will result in the arrest or imprisonment of the borrower or any member of the borrower's household;(g) Threaten to take any action that the licensee knows cannot legally be taken at the time the threat is made;(h) Falsely represent that the borrower committed any crime when he or she did not;(i) Communicate or threaten to communicate to any person credit information which is known to be false;(j) Use or distribute any written communication which falsely represents that it is a document authorized, issued, or approved by any court, official, or agency of the United States or any state;(k) Charge or collect any fees, charges, or expenses, incidental to the collection of any loan, unless such amount is expressly authorized by the loan agreement or permitted by law;(l) Accept from any person a check or other payment instrument postdated by more than five days unless such person is notified in writing of the licensee's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit;(m) Solicit any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution;(n) Deposit or threaten to deposit any postdated check prior to the date on such check;(o) Cause charges to be made to any person for communications by concealment of the true purpose of the communication, including, but not limited to, collect telephone calls and telegram fees;(p) Communicate with a borrower regarding a debt by postcard; or(q) Communicate with a borrower at the borrower's place of employment if the licensee has received actual notice that the borrower's employer prohibits the borrower from receiving such communication.Source   Laws 1979, LB 87, § 10;   R.S.1943, (1998), § 45-177;  Laws 2001, LB 53, § 75.
NE Code § 45-1048 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1048 - Borrower; right to action; licensee; judgment; effect.

45-1048.  Borrower; right to action; licensee; judgment; effect.Nothing in sections 45-1043 and 45-1046 shall limit a borrower's right to bring an action for damages. When the licensee has filed suit and obtained judgment, the licensee shall be permitted to resume contacts with the borrower against whom judgment has been obtained.Source   Laws 1979, LB 87, § 11;   R.S.1943, (1998), § 45-178;  Laws 2001, LB 53, § 76.
NE Code § 45-1049 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1049 - Borrower; default; agreement; extent of enforceability.

45-1049.  Borrower; default; agreement; extent of enforceability.An agreement of the parties to a loan, with respect to default on the part of the borrower, is enforceable only to the extent that:(1) The borrower fails to make a payment on the loan or other charges required by the agreement; or(2) The prospect of payment, performance, or realization of collateral is significantly impaired. The burden of establishing the prospect of significant impairment is on the licensee.Source   Laws 1979, LB 87, § 12;   R.S.1943, (1998), § 45-179;  Laws 2001, LB 53, § 77.
NE Code § 45-1050 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1050 - Borrower; loan; default; licensee; notice; contents.

45-1050.  Borrower; loan; default; licensee; notice; contents.(1) With respect to a loan, after a borrower has been in default for ten days for failure to make a required payment, a licensee may give the borrower the notice described in this section. A licensee gives notice to the borrower under this section when the licensee delivers the notice to the borrower or delivers or mails the notice to the last-known address of the borrower's residence.(2) The notice shall be in writing and shall conspicuously state: The name, address, and telephone number of the licensee to which payment is to be made, a brief identification of the loan, the borrower's right to cure the default, the amount of payment and date by which payment must be made to cure the default, and that any credit insurance issued in connection with the loan contract may be canceled unless the borrower cures the default. The department shall prescribe the form of such notice.Source   Laws 1979, LB 87, § 13;   R.S.1943, (1998), § 45-180;  Laws 2001, LB 53, § 78.
NE Code § 45-1051 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1051 - Borrower; loan; default; right to cure; procedure.

45-1051.  Borrower; loan; default; right to cure; procedure.(1) With respect to a loan, after a default consisting only of the borrower's failure to make a required payment, a licensee may neither accelerate maturity of the unpaid balance of the obligation nor take possession of collateral, except voluntarily surrendered collateral, because of such default until twenty days after a notice of the borrower's right to cure is given. The borrower shall have twenty days after the notice is given to cure any default consisting of a failure to make the required payment by tendering the amount of all unpaid sums due at the time of the tender, without acceleration, plus any unpaid charges. Cure restores the borrower to his or her rights under the agreement as though the default had not occurred.(2) With respect to defaults on the same obligation after a licensee has once given a notice of borrower's right to cure, the borrower shall have no further right to cure and the licensee has no obligation to proceed against the borrower or the collateral.Source   Laws 1979, LB 87, § 14;   R.S.1943, (1998), § 45-181;  Laws 2001, LB 53, § 79.
NE Code § 45-1052 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1052 - Borrower; loan; default; licensee; possession of collateral; restrictions.

45-1052.  Borrower; loan; default; licensee; possession of collateral; restrictions.Upon default by a borrower with respect to a loan, unless the borrower voluntarily surrenders possession of the collateral to the licensee, the licensee may take possession of the collateral without judicial process only if possession can be taken without entry into a dwelling or a locked, unoccupied motor vehicle, and without the use of force or other breach of the peace.Source   Laws 1979, LB 87, § 15;   R.S.1943, (1998), § 45-182;  Laws 2001, LB 53, § 80.
NE Code § 45-1053 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1053 - Loan; third-party obligation; when.

45-1053.  Loan; third-party obligation; when.(1) No individual, other than the spouse of the borrower, is obligated as a cosigner, comaker, guarantor, endorser, surety, or similar party with respect to a loan, unless before or contemporaneously with signing any separate agreement of loan or any writing setting forth the terms of the borrower's agreement, the individual receives a separate written notice that contains a completed identification of the loan he or she may have to pay and reasonably informs him or her of his or her obligation with respect to it.(2) Such notice shall be in the form prescribed by the department.(3) An individual entitled to notice under this section shall also be given a copy of any writing setting forth the terms of the borrower's agreement and of any separate agreement of obligation signed by the individual entitled to the notice.Source   Laws 1979, LB 87, § 16;   R.S.1943, (1998), § 45-183;  Laws 2001, LB 53, § 81.  Annotations This section, as part of the Consumer Credit Act, does not apply to loans made in the traditional manner by nonlicensees at conventional rates. Albers v. Overland Nat. Bank, 212 Neb. 578, 324 N.W.2d 396 (1982).
NE Code § 45-1054 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1054 - Borrower; deficiency; liability; how treated.

45-1054.  Borrower; deficiency; liability; how treated.(1) A borrower is not liable for a deficiency unless the licensee has disposed of the collateral in good faith and in a commercially reasonable manner.(2) If the licensee takes possession or voluntarily accepts surrender of goods in which the licensee has a security interest to secure a loan and at the time thereof the unpaid balance due on the loan is three thousand dollars or less, the borrower is not personally liable to the licensee for the unpaid balance of the debt arising from the loan and the licensee's duty to dispose of the collateral is governed by the provisions on disposition of collateral, article 9, Uniform Commercial Code.(3) The borrower may be liable in damages to the licensee if the borrower has wrongfully damaged the collateral if, after default, failure to cure, and demand, the borrower has wrongfully failed to make the collateral available to the licensee.(4) If the licensee elects to bring an action against the borrower for a debt arising from a loan, when under this section the licensee would not be entitled to a deficiency judgment if the licensee took possession of the collateral, and obtains judgment (a) the licensee may not take possession of the collateral, and (b) the collateral is not subject to levy or sale on execution or similar proceedings pursuant to the judgment.Source   Laws 1979, LB 87, § 17;  Laws 1999, LB 550, § 9;   R.S.Supp.,2000, § 45-184;  Laws 2001, LB 53, § 82.
NE Code § 45-1055 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1055 - Writing evidencing borrower's obligation; form; copies; fee; licensee; duties.

45-1055.  Writing evidencing borrower's obligation; form; copies; fee; licensee; duties.(1) The licensee shall give to the borrower a copy of any writing evidencing a loan if the writing requires or provides for the signature of the borrower. The writing evidencing the borrower's obligation to pay under a loan shall contain a clear and conspicuous notice in form and content substantially as follows:NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.(2) Upon written request of a borrower, the licensee shall provide a written statement of the dates and amounts of payments made and the amounts of any default and deferment charges assessed preceding the month in which the request is received and the total amount unpaid as the end of the period covered by the statement and a copy of the loan agreement, security agreement, and a facsimile of any insurance certificate issued as part of the transaction, if applicable. The licensee may charge a reasonable fee for such copies, not to exceed fifty cents per page.(3) The licensee shall answer in writing, within ten business days after receipt, any written request for payoff information from the borrower or the borrower's representative. This service shall be provided without charge to the borrower, except that when such information is provided upon request within sixty days after the fulfillment of a previous request, a processing fee of up to ten dollars may be charged.Source   Laws 1979, LB 87, § 18;   R.S.1943, (1998), § 45-185;  Laws 2001, LB 53, § 83;  Laws 2005, LB 533, § 65.
NE Code § 45-1056 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1056 - Licensee; discrimination prohibited.

45-1056.  Licensee; discrimination prohibited.A licensee shall not refuse to enter into a loan or impose finance charges or other terms or conditions of credit more onerous than those regularly extended by that licensee to borrowers of similar economic backgrounds because of the age, color, creed, national origin, political affiliation, race, religion, sex, marital status, or disability of the borrower or because the borrower receives public assistance, social security benefits, pension benefits, or the like.Source   Laws 1979, LB 87, § 19;   R.S.1943, (1998), § 45-186;  Laws 2001, LB 53, § 84.
NE Code § 45-1057 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1057 - Licensee; loan; former debt; how treated.

45-1057.  Licensee; loan; former debt; how treated.No licensee shall, directly or indirectly, require a borrower as a condition of granting a loan to such borrower to reaffirm or otherwise obligate himself or herself to pay a former debt to the licensee which has been discharged in bankruptcy proceedings.Source   Laws 1979, LB 87, § 20;   R.S.1943, (1998), § 45-187;  Laws 2001, LB 53, § 85.