§ 5-80-9 Enforcement. – (a) Remedies. A violation of §§ 5-80-1 – 5-80-8 isconsidered to be a violation of § 6-13.1-2 and all the remedies of §6-13.1-5.2 are available for such an action. A private right of action under§ 6-13.1-5.2 by a foreclosed homeowner is in the public interest.
(b) Exemplary damages. In a private right of actionunder § 6-13.1-5.2 for a violation of § 5-80-8, the court may awardexemplary damages of any amount. In the event the court determines that anaward of exemplary damages is appropriate, the amount of exemplary damagesawarded shall not be less than one and one half (1 1/2) times the foreclosedhomeowner's actual damages. Any claim for exemplary damages brought pursuant tothis section must be commenced within four (4) years after the date of thealleged violation.
(c) Remedies cumulative. The remedies provided in thissection are cumulative and do not restrict any remedy that is otherwiseavailable. The provisions of §§ 5-80-1 – 5-80-9 are notexclusive and are in addition to any other requirements, rights, remedies andpenalties provided by law.
(d) Criminal penalty. Any foreclosure purchaser whoengages in any practice which would operate as a fraud or deceit upon aforeclosed homeowner may, upon conviction, be fined not more than fiftythousand dollars ($50,000) or imprisoned not more than one year, or both.Prosecution or conviction for any one of the violations does not barprosecution or conviction for any other offenses.
(e) Failure of transaction. Failure of the parties tocomplete the reconveyance transaction, in the absence of additional misconduct,shall not subject a foreclosure purchaser to the criminal penalties under§ 5-79-7 or 5-80-9.
(f) Limitation. Notwithstanding any other provisionsof this section, no action may be brought on the basis of a violation of§§ 5-80-1 – 5-80-9, except by an owner against whom theviolation was committed or by the department of attorney general.
§ 5-80-9 Enforcement. – (a) Remedies. A violation of §§ 5-80-1 – 5-80-8 isconsidered to be a violation of § 6-13.1-2 and all the remedies of §6-13.1-5.2 are available for such an action. A private right of action under§ 6-13.1-5.2 by a foreclosed homeowner is in the public interest.
(b) Exemplary damages. In a private right of actionunder § 6-13.1-5.2 for a violation of § 5-80-8, the court may awardexemplary damages of any amount. In the event the court determines that anaward of exemplary damages is appropriate, the amount of exemplary damagesawarded shall not be less than one and one half (1 1/2) times the foreclosedhomeowner's actual damages. Any claim for exemplary damages brought pursuant tothis section must be commenced within four (4) years after the date of thealleged violation.
(c) Remedies cumulative. The remedies provided in thissection are cumulative and do not restrict any remedy that is otherwiseavailable. The provisions of §§ 5-80-1 – 5-80-9 are notexclusive and are in addition to any other requirements, rights, remedies andpenalties provided by law.
(d) Criminal penalty. Any foreclosure purchaser whoengages in any practice which would operate as a fraud or deceit upon aforeclosed homeowner may, upon conviction, be fined not more than fiftythousand dollars ($50,000) or imprisoned not more than one year, or both.Prosecution or conviction for any one of the violations does not barprosecution or conviction for any other offenses.
(e) Failure of transaction. Failure of the parties tocomplete the reconveyance transaction, in the absence of additional misconduct,shall not subject a foreclosure purchaser to the criminal penalties under§ 5-79-7 or 5-80-9.
(f) Limitation. Notwithstanding any other provisionsof this section, no action may be brought on the basis of a violation of§§ 5-80-1 – 5-80-9, except by an owner against whom theviolation was committed or by the department of attorney general.
§ 5-80-9 Enforcement. – (a) Remedies. A violation of §§ 5-80-1 – 5-80-8 isconsidered to be a violation of § 6-13.1-2 and all the remedies of §6-13.1-5.2 are available for such an action. A private right of action under§ 6-13.1-5.2 by a foreclosed homeowner is in the public interest.
(b) Exemplary damages. In a private right of actionunder § 6-13.1-5.2 for a violation of § 5-80-8, the court may awardexemplary damages of any amount. In the event the court determines that anaward of exemplary damages is appropriate, the amount of exemplary damagesawarded shall not be less than one and one half (1 1/2) times the foreclosedhomeowner's actual damages. Any claim for exemplary damages brought pursuant tothis section must be commenced within four (4) years after the date of thealleged violation.
(c) Remedies cumulative. The remedies provided in thissection are cumulative and do not restrict any remedy that is otherwiseavailable. The provisions of §§ 5-80-1 – 5-80-9 are notexclusive and are in addition to any other requirements, rights, remedies andpenalties provided by law.
(d) Criminal penalty. Any foreclosure purchaser whoengages in any practice which would operate as a fraud or deceit upon aforeclosed homeowner may, upon conviction, be fined not more than fiftythousand dollars ($50,000) or imprisoned not more than one year, or both.Prosecution or conviction for any one of the violations does not barprosecution or conviction for any other offenses.
(e) Failure of transaction. Failure of the parties tocomplete the reconveyance transaction, in the absence of additional misconduct,shall not subject a foreclosure purchaser to the criminal penalties under§ 5-79-7 or 5-80-9.
(f) Limitation. Notwithstanding any other provisionsof this section, no action may be brought on the basis of a violation of§§ 5-80-1 – 5-80-9, except by an owner against whom theviolation was committed or by the department of attorney general.
