§ 4907. Civil liability

467 words·~2 min read·/usc/title-12/section-4907

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

(a)In general Any servicer, mortgagee, or mortgage insurer that violates a provision of this chapter shall be liable to each mortgagor to whom the violation relates for—

(1)in the case of an action by an individual, or a class action in which the liable party is not subject to section 4909 of this title, any actual damages sustained by the mortgagor as a result of the violation, including interest (at a rate determined by the court) on the amount of actual damages, accruing from the date on which the violation commences;

(2)in the case of—

(A)an action by an individual, such statutory damages as the court may allow, not to exceed $2,000; and

(B)in the case of a class action—

(i)in which the liable party is subject to section 4909 of this title, such amount as the court may allow, except that the total recovery under this subparagraph in any class action or series of class actions arising out of the same violation by the same liable party shall not exceed the lesser of $500,000 or 1 percent of the net worth of the liable party, as determined by the court; and

(ii)in which the liable party is not subject to section 4909 of this title, such amount as the court may allow, not to exceed $1,000 as to each member of the class, except that the total recovery under this subparagraph in any class action or series of class actions arising out of the same violation by the same liable party shall not exceed the lesser of $500,000 or 1 percent of the gross revenues of the liable party, as determined by the court;

(3)costs of the action; and

(4)reasonable attorney fees, as determined by the court.

(b)Timing of actions No action may be brought by a mortgagor under subsection

(a)later than 2 years after the date of the discovery of the violation that is the subject of the action.

(c)Limitations on liability

(1)In general With respect to a residential mortgage transaction, the failure of a servicer to comply with the requirements of this chapter due to the failure of a mortgage insurer or a mortgagee to comply with the requirements of this chapter, shall not be construed to be a violation of this chapter by the servicer.

(2)Rule of construction Nothing in paragraph

(1)shall be construed to impose any additional requirement or liability on a mortgage insurer, a mortgagee, or a holder of a residential mortgage.

(Pub. L. 105–216, § 8, July 29, 1998, 112 Stat. 905.)

Connections2 cite this · traces to 2

Cited by 2 sections

statutes-at-large

Public Law 105–216
To require automatic cancellation and notice of cancellation rights with respect to private mortgage insurance which is required as a condition for entering into a residential mortgage transaction, to abolish the Thrift Depositor Protection Oversight Board, and for other purposes

statute-compilations

Sec. 8
CIVIL LIABILITY

Traces to 2 documents

U.S. Code

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Pub. L. 105–216, § 8
112 Stat. 905
section 13 of Pub. L. 105–216

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cites case law

§ 4907

Civil liability

Stat. Comp.×1

Stat.×1

U.S.C.§ 4909

U.S.C.§ 4901

Pub. L.Pub. L. 105–216, § 8

Stat.112 Stat. 905

Pub. L.section 13 of Pub. L. 105–216

Cites 5Cited by 2 across 2 sources