58.18 PRIVATE RIGHT OF ACTION.
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/mn/chapter-58/58-18A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
58.18 PRIVATE RIGHT OF ACTION.
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Subdivision 1. Remedies.
A borrower injured by a violation of the standards, duties, prohibitions, or requirements of sections 58.13 , 58.136 , 58.137 , 58.16 , and 58.161 shall have a private right of action and the court shall award:
(1)actual, incidental, and consequential damages;
(2)statutory damages equal to the amount of all lender fees included in the amount of the principal of the residential mortgage loan as defined in section 58.137 ;
(3)punitive damages if appropriate, and as provided in sections 549.191 and 549.20 ; and
(4)court costs and reasonable attorney fees.
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Subd. 2. Private attorney general statute.
A borrower injured by a violation of the standards, duties, prohibitions, or requirements of sections 58.13 , 58.136 , 58.137 , 58.16, and 58.161 also may bring an action under section 8.31 . A private right of action by a borrower under this chapter is in the public interest.
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Subd. 3. Remedies cumulative.
The remedies provided in this section are cumulative and do not restrict any other right or remedy otherwise available to the borrower.
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Subd. 4. Exemption.
This section does not apply to a residential mortgage loan originated by a federal or state chartered bank, savings bank, or credit union.