As used in sections 45-101.02 to 45-101.04, 45-102, and 45-105, unless the context otherwise requires:

Terms Used In Nebraska Statutes 45-101.02

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Appraisal: A determination of property value.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Forbearance: A means of handling a delinquent loan. A
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

(1) Interest means the compensation agreed upon or allowed by law upon any loan or forbearance of money, goods, or things in action but does not include loan service costs;

(2) Loan service costs means reasonable and necessary costs and charges incurred in connection with the making, closing, disbursing, servicing, extending, transferring, or renewing of a loan, including but not limited to (a) prepayment charges, (b) delinquency charges, (c) premiums for hazard, private mortgage, disability, life, or title insurance, (d) fees for escrow, appraisal, abstracting, title examination, surveys, inspections, credit reports, and recording of documents, (e) origination fees, (f) interest on interest after default, and (g) costs and charges incurred for determining qualification for the loan proceeds and disbursement of the loan proceeds; and

(3) Discount points means any charges except actual loan service costs whether or not actually denominated as discount points paid to a lender which directly or indirectly affect the ability of the borrower to secure a loan. For the purpose of determining the rate of interest on any loan, discount points, if any, shall be amortized over the original term of the loan.