12 U.S.C. § 4907: Civil liability

Summary

Servicers, mortgagees, or mortgage insurers who break the rules must pay the borrower for any harm they cause. The borrower can get actual money lost, plus interest at a rate the court sets from when the problem began. An individual can also get up to $2,000 in added damages. In class actions, the court decides awards but there are caps: if the liable party is covered by section 4909, the total recovery for that violation can't be more than the lesser of $500,000 or 1% of the party’s net worth; if not covered by section 4909, awards can be up to $1,000 per class member, but the total can't exceed the lesser of $500,000 or 1% of the party’s gross revenues. Borrowers can also recover court costs and reasonable lawyer fees as the court allows. A borrower must file a claim within 2 years after discovering the violation. A servicer is not treated as having broken the rules if the servicer’s failure happened because a mortgage insurer or mortgagee failed to follow the rules. That rule does not add any new duties or liability for mortgage insurers, mortgagees, or holders of a mortgage.

Title 12, §4907

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(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)

(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.

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