A borrower injured by a violation of the standards, duties, prohibitions, or requirements of sections 58.13, 58.136, 58.137, 58.16, and 58.161 shall have a private right of action and the court shall award:
(1) actual, incidental, and consequential damages;
(2) statutory damages equal to the amount of all lender fees included in the amount of the principal of the residential mortgage loan as defined in section 58.137;
(4) court costs and reasonable attorney fees.
A borrower injured by a violation of the standards, duties, prohibitions, or requirements of sections 58.13, 58.136, 58.137, 58.16, and 58.161 also may bring an action under section 8.31. A private right of action by a borrower under this chapter is in the public interest.
The remedies provided in this section are cumulative and do not restrict any other right or remedy otherwise available to the borrower.
This section does not apply to a residential mortgage loan originated by a federal or state chartered bank, savings bank, or credit union.
Official Publication of the State of Minnesota
Revisor of Statutes