Nebraska Statutes 8-823. Personal loans; when repayable; exception; confession of judgment, power of attorney, and agreements; prohibited
The following provisions shall apply to loans made under section 8-820 :
Terms Used In Nebraska Statutes 8-823
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Contract: A legal written agreement that becomes binding when signed.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) With the exception of loans for mobile homes, every such loan shall be repayable within a period of one hundred forty-five months and may be prepaid in whole or in part at any time. One or more of the installments may be accelerated or deferred when the borrower’s chief source of income makes such arrangement necessary, if the note or contract so provides;
(2) The bank shall give the borrower a receipt showing the date and amount of each payment made on account of any such loan; and
(3) No bank shall take, in connection with any such loan, any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding, or agreement to pay the costs of collection or the attorney’s fees.
Source
- Laws 1937, c. 110, § 8, p. 409;
- C.S.Supp.,1941, § 81-7308;
- R.S.1943, § 8-823;
- Laws 1981, LB 214, § 5;
- Laws 1982, LB 779, § 4.