reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1010 - Installment loans; licenses; limitations as to business and persons.

45-1010.
Installment loans; licenses; limitations as to business and persons.
Not more than one place of business shall be maintained under the same license, but more than one license may be issued to the same licensee upon compliance with all provisions of the Nebraska Installment Loan Act governing the issuance of an original license, for each such new license.
Source
Laws 1941, c. 90, § 5, p. 346;
C.S.Supp.,1941, § 45-133;
R.S.1943, § 45-122;
R.S.1943, (1998), § 45-122;
Laws 2001, LB 53, § 38.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1011 - Installment loans; place of business; separate office required; exceptions; enforcement.

45-1011.
Installment loans; place of business; separate office required; exceptions; enforcement.
No licensee shall conduct the business of making loans under the Nebraska Installment Loan Act within any office, room, or place of business in which any other business is solicited or engaged in, or in association or conjunction with any other business, if the director finds that the other business is of such nature that the conducting of such other business tends to conceal evasion of the act or of the rules and regulations adopted and promulgated under the act. In such case, the director shall order such licensee in writing to cease and desist from such conduct.
Source
Laws 1941, c. 90, § 22, p. 354;
C.S.Supp.,1941, § 45-150;
R.S.1943, § 45-123;
Laws 1953, c. 155, § 1, p. 489;
Laws 1997, LB 555, § 9;
R.S.1943, (1998), § 45-123;
Laws 2001, LB 53, § 39.
Annotations
Where unauthorized business was conducted, loan was void and uncollectible. Grand Island Finance Co. v. Eacker, 155 Neb. 546, 52 N.W.2d 805 (1952).
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1012 - Licensee; service of process.

45-1012.
Licensee; service of process.
Obtaining a license constitutes sufficient contact with this state for the exercise of personal jurisdiction over the licensee in any action arising out of the licensee's activity in this state.
Source
Laws 1941, c. 90, § 7, p. 347;
C.S.Supp.,1941, § 45-135;
R.S.1943, § 45-124;
Laws 1983, LB 447, § 68;
R.S.1943, (1998), § 45-124;
Laws 2001, LB 53, § 40.
Annotations
Service of process upon Director of Banking was proper in action to have installment loan declared void. McNish v. General Credit Corp., 164 Neb. 526, 83 N.W.2d 1 (1957).
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1013 - Installment loans; license; renewal; fees; relocation of place of business; procedure; hearing; fee.

45-1013.
Installment loans; license; renewal; fees; relocation of place of business; procedure; hearing; fee.
(1) For the annual renewal of an original license under the Nebraska Installment Loan Act, the licensee shall file with the department a fee of two hundred fifty dollars and a renewal application containing such information as the director may require to indicate any material change in the information contained in the original application or succeeding renewal applications.
(2) For the relocation of its place of business, a licensee shall file with the department a fee of one hundred fifty dollars and an application containing such information as the director may require to determine whether the relocation should be approved. Upon receipt of the fee and application, the director shall publish a notice of the filing of the application in a newspaper of general circulation in the county where the licensee proposes to relocate. If the director receives any substantive objection to the proposed relocation within fifteen days after publication of such notice, he or she shall hold a hearing on the application in accordance with the Administrative Procedure Act and the rules and regulations adopted and promulgated under the act. The expense of any publication required by this section shall be paid by the applicant licensee.
Source
Laws 1941, c. 90, § 6, p. 347;
C.S.Supp.,1941, § 45-134;
R.S.1943, § 45-126;
Laws 1973, LB 39, § 2;
Laws 1995, LB 599, § 9;
Laws 1997, LB 555, § 10;
R.S.1943, (1998), § 45-126;
Laws 2001, LB 53, § 41;
Laws 2005, LB 533, § 60;
Laws 2007, LB124, § 54;
Laws 2009, LB328, § 44;
Laws 2013, LB279, § 5.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1014 - Installment loans; fees; disposition.

45-1014.
Installment loans; fees; disposition.
All original license fees and annual renewal fees shall be collected by the department and remitted to the State Treasurer for credit to the Financial Institution Assessment Cash Fund. All investigation and examination fees, charges, and costs collected by or paid to the department shall likewise be remitted to the State Treasurer for credit to the Financial Institution Assessment Cash Fund and shall be available for the uses and purposes of the fund.
Source
Laws 1941, c. 90, § 26, p. 355;
C.S.Supp.,1941, § 45-154;
R.S.1943, § 45-127;
Laws 1969, c. 584, § 46, p. 2373;
Laws 1973, LB 39, § 3;
Laws 1994, LB 967, § 31;
Laws 1995, LB 7, § 41;
Laws 1995, LB 599, § 10;
R.S.1943, (1998), § 45-127;
Laws 2001, LB 53, § 42;
Laws 2007, LB124, § 55.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1015 - Installment loans; doing business without license; penalty.

45-1015.
Installment loans; doing business without license; penalty.
Any person who, by any device, subterfuge, or pretense whatsoever, engages in or continues any of the kinds of business or enterprise permitted to licensees by the Nebraska Installment Loan Act without having obtained the license required by the act, with intent to evade the provisions of the act, is guilty of a Class I misdemeanor.
Source
Laws 1941, c. 90, § 14, p. 350;
C.S.Supp.,1941, § 45-142;
R.S.1943, § 45-128;
Laws 1977, LB 40, § 248;
Laws 1993, LB 121, § 266;
Laws 1997, LB 555, § 11;
R.S.1943, (1998), § 45-128;
Laws 2001, LB 53, § 43.
Annotations
Conviction under this section is not a condition precedent to imposition of civil penalty. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 803, 97 N.W.2d 583 (1959).
Statute is penal in character and voids entire contract in case of violation. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959).
Penalties of act applied to nonlicensees. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
If exactions of interest are usurious, whole obligation is void and uncollectible. State ex rel. Beck v. Associates Discount Corp., 161 Neb. 410, 73 N.W.2d 673 (1955).
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1016 - Installment loans; rules and regulations; power of Department of Banking and Finance.

45-1016.
Installment loans; rules and regulations; power of Department of Banking and Finance.
The director may adopt and promulgate rules and regulations and issue orders, rulings, demands, and findings to carry out the purposes of the Nebraska Installment Loan Act.
Source
Laws 1941, c. 90, § 23, p. 354;
C.S.Supp.,1941, § 45-151;
R.S.1943, § 45-129;
Laws 1997, LB 555, § 12;
R.S.1943, (1998), § 45-129;
Laws 2001, LB 53, § 44.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1017 - Licensees; business, records, and accounts; inspection; expenses; fines; lien.

45-1017.
Licensees; business, records, and accounts; inspection; expenses; fines; lien.
(1) The department shall inspect the business, records, and accounts of all persons that lend money subject to the Nebraska Installment Loan Act. The department may examine or investigate complaints about or reports of alleged violations by a licensee made to the department. The department may inspect and investigate the business, records, and accounts of all persons in the public business of lending money contrary to the act and who do not have a license under the act. The director may appoint examiners who shall, under his or her direction, investigate the loans and business and conduct examinations of licensees as often as determined by the director. The expenses incurred by the department in examining licensees and in administering the act shall be charged to the licensee as set forth in sections 8-605 and 8-606.
(2) Upon receipt by a licensee of a notice of investigation or inquiry request for information from the department, the licensee shall respond within twenty-one calendar days. Each day a licensee fails to respond as required by this subsection constitutes a separate violation.
(3) If the director finds, after notice and opportunity for hearing in accordance with the Administrative Procedure Act, that any person has willfully and intentionally violated any provision of the Nebraska Installment Loan Act, any rule or regulation adopted and promulgated under the act, or any order issued under the act, the director may order such person to pay (a) an administrative fine of not more than one thousand dollars for each separate violation and (b) the costs of investigation. The department shall remit fines collected under this subsection to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
(4) If a person fails to pay an administrative fine and the costs of investigation ordered pursuant to subsection (3) of this section, a lien in the amount of such fine and costs may be imposed upon all assets and property of such person in this state and may be recovered in a civil action by the director. The lien shall attach to the real property of such person when notice of the lien is filed and indexed against the real property in the office of the register of deeds in the county where the real property is located. The lien shall attach to any other property of such person when notice of the lien is filed against the property in the manner prescribed by law. Failure of the person to pay such fine and costs constitutes a separate violation of the act.
Source
Laws 1941, c. 90, § 25, p. 355;
C.S.Supp.,1941, § 45-153;
R.S.1943, § 45-130;
Laws 1997, LB 137, § 21;
Laws 1997, LB 555, § 13;
Laws 1999, LB 396, § 27;
R.S.Supp.,2000, § 45-130;
Laws 2001, LB 53, § 45;
Laws 2004, LB 999, § 38;
Laws 2007, LB124, § 56;
Laws 2020, LB909, § 44.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1018 - Licensees; reports.

45-1018.
Licensees; reports.
(1) A licensee shall on or before March 1 of each year file with the department a report of the licensee's earnings and operations for the preceding calendar year, and its assets at the end of the year, and giving such other relevant information as the department may reasonably require. The report shall be made under oath and shall be in the form and manner prescribed by the department.
(2) A licensee shall submit a mortgage report of condition as required by section 45-726, on or before a date or dates established by rule, regulation, or order of the director.
Source
Laws 1941, c. 90, § 25, p. 355;
C.S.Supp.,1941, § 45-153;
R.S.1943, § 45-131;
R.S.1943, (1998), § 45-131;
Laws 2001, LB 53, § 46;
Laws 2003, LB 217, § 40;
Laws 2004, LB 999, § 39;
Laws 2009, LB328, § 45;
Laws 2010, LB892, § 21;
Laws 2013, LB279, § 6.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1019 - Cease and desist order; hearing; judicial review; enforcement; violation; penalty.

45-1019.
Cease and desist order; hearing; judicial review; enforcement; 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 Nebraska Installment Loan 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 by the department 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. The department shall remit fines collected under this section to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1941, c. 90, § 10, p. 349;
C.S.Supp.,1941, § 45-138;
R.S.1943, § 45-132;
Laws 1997, LB 555, § 14;
R.S.1943, (1998), § 45-132;
Laws 2001, LB 53, § 47;
Laws 2009, LB328, § 46.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1020 - Misleading advertising prohibited; enforcement.

45-1020.
Misleading advertising prohibited; enforcement.
No licensee or other person subject to the Nebraska Installment Loan Act shall advertise, print, display, publish, distribute, or broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions for the lending of money, credit, goods, or things in action. The director may order any licensee to cease and desist from any conduct which he or she finds to be a violation of this section. The director may require that rates of charge, if stated by a licensee, be stated fully and clearly in such manner as the director deems necessary to prevent misunderstanding by prospective borrowers.
Source
Laws 1941, c. 90, § 21, p. 353;
C.S.Supp.,1941, § 45-149;
R.S.1943, § 45-133;
Laws 1993, LB 121, § 267;
Laws 1997, LB 555, § 15;
R.S.1943, (1998), § 45-133;
Laws 2001, LB 53, § 48.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1021 - Installment loans; interest, defined.

45-1021.
Installment loans; interest, defined.
The payment in money, credit, goods, or things in action, as consideration for any sale or assignment of, or order for, the payment of wages, salary, commission, or other compensation for services, whether earned or to be earned, shall, for purposes of regulation under the Nebraska Installment Loan Act, be deemed a loan secured by such assignment, and the amount by which the assigned compensation exceeds the amount of the consideration actually paid, shall, for the purposes of regulation under the act, be deemed interest or charges upon the loan from the date of payment to the date the compensation is payable. Such transaction shall be governed by and be subject to the act.
Source
Laws 1941, c. 90, § 13, p. 350;
C.S.Supp.,1941, § 45-141;
R.S.1943, § 45-134;
Laws 1997, LB 555, § 16;
R.S.1943, (1998), § 45-134;
Laws 2001, LB 53, § 49.
Annotations
Furnishing of insurance by wholly owned subsidiary was a device and subterfuge to collect additional compensation for money loaned. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1022 - Installment loans; payment in advance; application of payments.

45-1022.
Installment loans; payment in advance; application of payments.
Every licensee shall permit payment to be made in advance in any amount equal to one or more full installments on any loan contract at any time during regular business hours, but the licensee may apply such payment first to all accrued charges in full up to the date of such payment.
Source
Laws 1941, c. 90, § 19, p. 353;
C.S.Supp.,1941, § 45-147;
R.S.1943, § 45-135;
Laws 1963, c. 273, § 1, p. 820;
R.S.1943, (1998), § 45-135;
Laws 2001, LB 53, § 50.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1023 - Installment loans; false statement to secure; penalty.

45-1023.
Installment loans; false statement to secure; penalty.
Any person who makes a false statement to secure a loan is guilty of a Class III misdemeanor. The punishment shall not be exacted, however, when such a loan is made after the licensee is aware of the falsity of the statement.
Source
Laws 1941, c. 90, § 28, p. 356;
C.S.Supp.,1941, § 45-156;
R.S.1943, § 45-136;
Laws 1977, LB 40, § 249;
R.S.1943, (1998), § 45-136;
Laws 2001, LB 53, § 51.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1027 - Installment loans; insurance procured through licensee; statement.

45-1027.
Installment loans; insurance procured through licensee; statement.
The licensee shall, at the time the loan is made, give to the borrower, or if more than one, to one of them, a statement concerning any insurance procured by or through the licensee, which includes the amount of any premium which the borrower has paid or is obligated to pay, the amount, the expiration date of the policy, and a concise description of the risks insured. If a borrower procures insurance by or through a licensee, the licensee shall deliver to the borrower within fifteen days after the making of the loan an executed copy of the insurance policy or certificate of insurance.
Source
Laws 1941, c. 90, § 17, p. 352;
C.S.Supp.,1941, § 45-145;
R.S.1943, § 45-140;
R.S.1943, (1998), § 45-140;
Laws 2001, LB 53, § 55.
Annotations
Failure to deliver statement of insurance, where charge for insurance was made, was a violation of act. Curtis v. Securities Acceptance Corp., 166 Neb. 815, 91 N.W.2d 19 (1958).
Statement concerning insurance procured must be furnished to borrower. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1028 - Installment loans; assignments of wages or security agreement in blank; prohibited.

45-1028.
Installment loans; assignments of wages or security agreement in blank; prohibited.
No licensee shall receive any security agreement or assignment of salary or wages signed in blank. All blank spaces shall be filled in with ink or typewritten or printed with the proper names and amounts showing the name of the person by whom the individual making the conveyance or assignment is employed. No assignment or order for wages is valid if it contains an amount in excess of the sum borrowed together with the interest and charges as provided in the Nebraska Installment Loan Act.
Source
Laws 1941, c. 90, § 18, p. 352;
C.S.Supp.,1941, § 45-146;
Laws 1943, c. 107, § 5, p. 373;
R.S.1943, § 45-142;
Laws 1972, LB 1060, § 2;
Laws 1993, LB 121, § 268;
R.S.1943, (1998), § 45-142;
Laws 2001, LB 53, § 56.
Annotations
Taking chattel mortgage in blank, with spaces to be later filled in, constituted violation of act. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959).
Taking chattel mortgage signed in blank was violative of act. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1029 - Installment loans; power of attorney and instruments with blanks prohibited.

45-1029.
Installment loans; power of attorney and instruments with blanks prohibited.
No licensee shall take a power of attorney, or any instrument signed by an attorney in fact and not personally, or any instrument signed in which blanks are left to be filled after execution.
Source
Laws 1941, c. 90, § 18, p. 352;
C.S.Supp.,1941, § 45-146;
Laws 1943, c. 107, § 5, p. 373;
R.S.1943, § 45-143;
R.S.1943, (1998), § 45-143;
Laws 2001, LB 53, § 57.
Annotations
This section, being special statute relating to a specific subject, is controlling rather than Negotiable Instruments Act as to filling in blanks. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959).
Taking purchaser's statement in blank was a violation of act. Curtis v. Securities Acceptance Corp., 166 Neb. 815, 91 N.W.2d 19 (1958).
All blank spaces in power of attorney must be filled in before execution. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1030 - Installment loans; assignment of wages; consent of spouse necessary.

45-1030.
Installment loans; assignment of wages; consent of spouse necessary.
No assignment of or order for wages to secure a loan or advancement is valid when made by a married man or woman unless the written consent of the wife or husband to the making of such loan is attached thereto.
Source
Laws 1941, c. 90, § 18, p. 353;
C.S.Supp.,1941, § 45-146;
Laws 1943, c. 107, § 5, p. 373;
R.S.1943, § 45-144;
R.S.1943, (1998), § 45-144;
Laws 2001, LB 53, § 58.
Cross References
For other provisions for execution of assignments of wages, see section 36-213.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1031 - Installment loans; statement to borrower; contents.

45-1031.
Installment loans; statement to borrower; contents.
Every licensee shall, at the time any loan is made, give to the borrower, or if there are two or more borrowers, to one of them, a statement in the English language disclosing in clear and distinct terms the information required to be disclosed under the federal Consumer Credit Protection Act.
Source
Laws 1941, c. 90, § 18, p. 353;
C.S.Supp.,1941, § 45-146;
Laws 1943, c. 107, § 5, p. 373;
R.S.1943, § 45-145;
Laws 1963, c. 273, § 3, p. 825;
Laws 1963, Spec. Sess., c. 7, § 11, p. 96;
Laws 1984, LB 681, § 3;
Laws 1993, LB 121, § 269;
Laws 1997, LB 555, § 20;
R.S.1943, (1998), § 45-145;
Laws 2001, LB 53, § 59.
Annotations
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).
Failure to give borrower a statement of loan was a violation of act. Curtis v. Securities Acceptance Corp., 166 Neb. 815, 91 N.W.2d 19 (1958).
Borrower must be given a statement showing terms of loan. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
Requirement under this section is only imposed on licensee. Powell v. Edwards, 162 Neb. 11, 75 N.W.2d 122 (1956).
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1032 - Surrender of license; effect.

45-1032.
Surrender of license; effect.
A licensee may voluntarily surrender a license by delivering to the director written notice of the surrender. Surrender of a license (1) shall not affect civil or criminal liability for acts committed before the surrender or liability for any fines which may be levied against the licensee or any of its officers, directors, shareholders, partners, or members pursuant to section 45-1033 for acts committed before the surrender and (2) shall not impair or affect the obligation of a preexisting lawful contract between the licensee and any person, including a borrower. The department shall issue a notice of cancellation of the license following such surrender.
Source
Laws 2001, LB 53, § 60;
Laws 2005, LB 533, § 62.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1033.02 - Information sharing; privilege and confidentiality; limitations; applicability of section; director; powers.

45-1033.02.
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 an order of the director.
Source
Laws 2009, LB328, § 51;
Laws 2010, LB892, § 23.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1034 - License; revocation; new license; court order required.

45-1034.
License; revocation; new license; court order required.
Whenever, for any cause, a license is revoked, the department shall not issue another license to the licensee unless the department is otherwise ordered by a court of competent jurisdiction to do so.
Source
Laws 1941, c. 90, § 8, p. 348;
C.S.Supp.,1941, § 45-136;
R.S.1943, § 45-148;
R.S.1943, (1998), § 45-148;
Laws 2001, LB 53, § 62.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1035 - License; revocation; record of proceedings.

45-1035.
License; revocation; record of proceedings.
At the request of the licensee or any other aggrieved person, the department shall prepare a written record which includes a transcript of the evidence, the findings with respect to the evidence, the order, and the reasons supporting the suspension, revocation, or denial of a license, and shall, after being paid for the cost of the written record, deliver to the licensee or other aggrieved person a copy of the written record in person or by certified or registered mail.
Source
Laws 1941, c. 90, § 8, p. 348;
C.S.Supp.,1941, § 45-136;
R.S.1943, § 45-149;
Laws 1972, LB 1060, § 3;
R.S.1943, (1998), § 45-149;
Laws 2001, LB 53, § 63.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1036 - Appeal; procedure.

45-1036.
Appeal; procedure.
In addition to any other remedy he, she, or it may have, any licensee or any other person considering himself, herself, or itself aggrieved by any action of the department under the Nebraska Installment Loan Act may appeal the action, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1941, c. 90, § 9, p. 348;
C.S.Supp.,1941, § 45-137;
R.S.1943, § 45-150;
Laws 1969, c. 378, § 1, p. 1339;
Laws 1988, LB 352, § 73;
Laws 1997, LB 555, § 23;
R.S.1943, (1998), § 45-150;
Laws 2001, LB 53, § 64.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1037 - Violations; penalty.

45-1037.
Violations; penalty.
Any person violating sections 45-1025 to 45-1031 is guilty of a Class II misdemeanor.
Source
Laws 1941, c. 90, § 27, p. 356;
C.S.Supp.,1941, § 45-155;
Laws 1943, c. 107, § 6, p. 373;
R.S.1943, § 45-153;
Laws 1977, LB 40, § 250;
Laws 1993, LB 121, § 270;
R.S.1943, (1998), § 45-153;
Laws 2001, LB 53, § 65.
Annotations
Public policy as to effect of violation of Installment Loan Act has been fixed by Legislature. McNish v. General Credit Corp., 164 Neb. 526, 83 N.W.2d 1 (1957).
Penalty applies to both licensees and nonlicensees. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
Violation, whether by licensee or nonlicensee, is a misdemeanor. Powell v. Edwards, 162 Neb. 11, 75 N.W.2d 122 (1956).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).