8-821. Personal loans; additional charges.

291 words·~1 min read·/ne/chapter-8/8-821

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In addition to the charges permitted by section 8-820 , no further amount or exaction shall be directly or indirectly contracted for or received, except:

(1)Lawful fees actually and necessarily paid to a public officer for filing, recording, or releasing an instrument securing the loan;

(2)Taxable costs to which the bank is adjudged to be entitled in judicial proceedings instituted to collect the loan;

(3)Premiums paid for insurance policies covering tangible personal property securing the loan. Such insurance shall be only in such amount and nature as is customary and reasonable, having regard to all the circumstances of the loan, and the premium shall not exceed standard rates. If insurance is procured by or through the bank, an executed copy of the insurance policy or certificate of insurance shall be delivered to the borrower within fifteen days;

(4)Premiums paid for insurance policies covering tangible personal property acquired, in whole or in part, with the proceeds of the loan;

(5)The actual costs of nonfiling insurance;

(6)Premiums paid for credit life, health, disability, sickness and accident, or involuntary unemployment or job protection insurance policies or any one or more of them;

(7)Charges permitted by section 8-822 ;

(8)Fees agreed to by the parties for loan service costs for exceeding authorized limits, replacing lost cards, returning checks, or delinquency on the account; and

(9)In the case of loans initiated by credit card or other type of transaction card, any other fees agreed to by the parties.

Notwithstanding interest rate limits under Nebraska statutes, national bank in Nebraska can legally charge, on credit card transactions, same rates allowed by section 45-114 et seq. Fisher v. First Nat. Bank of Omaha, 548 F.2d 255 (8th Cir. 1977).