§4907 — Title 12 Banks and Banking | U.S. Code

Summary

If a loan servicer, lender, or mortgage insurer breaks these rules, a borrower can sue and get money for what they actually lost, with interest from when the problem started. An individual borrower can also get extra damages the court allows, up to $2,000. In a class lawsuit, the court can award money but there are caps. If the wrongdoer is covered by section 4909, the total for the class cannot exceed the lesser of $500,000 or 1 percent of that party’s net worth. If not covered by section 4909, each class member’s award can be up to $1,000, but the class total cannot exceed the lesser of $500,000 or 1 percent of the party’s gross revenues. The borrower can also recover court costs and reasonable lawyer fees. A lawsuit must start within 2 years after the borrower discovers the violation. A servicer is not treated as breaking the rules if the servicer failed only because a lender or insurer did not follow the rules, and nothing here creates new duties for lenders, insurers, or mortgage holders.

Title 12, §4907

Banks and Banking — Source: USLM XML via OLRC

(a)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)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)(1)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)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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 year after July 29, 1998, see section 13 of Pub. L. 105–216, set out as a note under section 4901 of this title.

§4907 Civil Liability

Summary

Title 12, §4907

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata