(a) A violation of sections
is considered to be a violation of section
, and all remedies of section
are available for such an action. A private cause of
action under section
by a foreclosed homeowner is in the public interest. An owner may
bring an action against a foreclosure consultant for any violation of sections
Judgment must be entered for actual damages, reasonable attorney fees and costs, and appropriate
(b) The rights and remedies provided in paragraph (a) are cumulative to, and not a limitation
of, any other rights and remedies provided by law. Any action brought pursuant to this section
must be commenced within four years from the date of the alleged violation.
(c) The court may award exemplary damages up to 1-1/2 times the compensation charged by
the foreclosure consultant if the court finds that the foreclosure consultant violated the provisions
325N.04, clause (1), (2), or (4)
, and the foreclosure consultant's conduct was in bad
(d) Notwithstanding any other provision of this section, no action may be brought on
the basis of a violation of sections
, except by an owner against whom
the violation was committed or by the attorney general. This limitation does not apply to
administrative action by the commissioner of commerce.
History: 2004 c 263 s 6
NOTE: This section, as added by Laws 2004, chapter 263, section 6, expires December
31, 2009. Laws 2004, chapter 263, section 26.