(a) A mortgagor may recover reasonable attorney's fees under this chapter if a court sets aside the statutory foreclosure sale due to a mortgagee's failure to strictly comply with any provision of this chapter under § 18-50-116(d)(2)(B)(ii).
(b) A mortgagor shall not be awarded attorney's fees under subsection (a) of this section if the:(1) Mortgagor and mortgagee reach a mutual resolution of the debt and corresponding foreclosure;(2) Mortgagor files a petition for bankruptcy while the foreclosure or any related litigation is pending;(3) Mortgagee instituted the statutory foreclosure while in good faith relying on a policy of title insurance that was subsequently found to be in error;(4) Mortgagee instituted the statutory foreclosure in good faith without knowledge of unrecorded debt on the subject property;(5) Mortgagee instituted the statutory foreclosure in good faith without knowledge of assessments, taxes, or liens filed against the subject property subsequent to the final policy of title insurance being issued; or(6) Mortgage is reinstated under § 18-50-114.
(1) Mortgagor and mortgagee reach a mutual resolution of the debt and corresponding foreclosure;
(2) Mortgagor files a petition for bankruptcy while the foreclosure or any related litigation is pending;
(3) Mortgagee instituted the statutory foreclosure while in good faith relying on a policy of title insurance that was subsequently found to be in error;
(4) Mortgagee instituted the statutory foreclosure in good faith without knowledge of unrecorded debt on the subject property;
(5) Mortgagee instituted the statutory foreclosure in good faith without knowledge of assessments, taxes, or liens filed against the subject property subsequent to the final policy of title insurance being issued; or
(6) Mortgage is reinstated under § 18-50-114.