§ 6.2-1628. (Effective October 1, 2010) Enforcement of prohibitions oncertain practices; recovery of attorney fees.
A. The Attorney General, the Commission, or any party to a mortgage loan mayenforce the provisions of §§ 6.2-1614, 6.2-1615, and 6.2-1616.
B. In any suit instituted by a borrower who alleges that the defendantviolated § 6.2-1614, 6.2-1615, or 6.2-1616, the presiding judge may, in thejudge's discretion, allow reasonable attorney fees to the attorneyrepresenting the prevailing party. The attorney fees shall be taxed as a partof the court costs and payable by the losing party upon a finding by thepresiding judge that (i) the party charged with the violation has willfullyengaged in the act or practice with which he was charged or (ii) the partyinstituting the action knew, or should have known, that the action wasfrivolous and malicious.
C. The provisions of this section shall be in addition to, and shall notimpair, the rights of and remedies available to borrowers in mortgage loansotherwise provided by law.
(2001, c. 510, § 6.1-422.1; 2003, c. 386; 2010, c. 794.)
§ 6.2-1628. (Effective October 1, 2010) Enforcement of prohibitions oncertain practices; recovery of attorney fees.
A. The Attorney General, the Commission, or any party to a mortgage loan mayenforce the provisions of §§ 6.2-1614, 6.2-1615, and 6.2-1616.
B. In any suit instituted by a borrower who alleges that the defendantviolated § 6.2-1614, 6.2-1615, or 6.2-1616, the presiding judge may, in thejudge's discretion, allow reasonable attorney fees to the attorneyrepresenting the prevailing party. The attorney fees shall be taxed as a partof the court costs and payable by the losing party upon a finding by thepresiding judge that (i) the party charged with the violation has willfullyengaged in the act or practice with which he was charged or (ii) the partyinstituting the action knew, or should have known, that the action wasfrivolous and malicious.
C. The provisions of this section shall be in addition to, and shall notimpair, the rights of and remedies available to borrowers in mortgage loansotherwise provided by law.
(2001, c. 510, § 6.1-422.1; 2003, c. 386; 2010, c. 794.)
§ 6.2-1628. (Effective October 1, 2010) Enforcement of prohibitions oncertain practices; recovery of attorney fees.
A. The Attorney General, the Commission, or any party to a mortgage loan mayenforce the provisions of §§ 6.2-1614, 6.2-1615, and 6.2-1616.
B. In any suit instituted by a borrower who alleges that the defendantviolated § 6.2-1614, 6.2-1615, or 6.2-1616, the presiding judge may, in thejudge's discretion, allow reasonable attorney fees to the attorneyrepresenting the prevailing party. The attorney fees shall be taxed as a partof the court costs and payable by the losing party upon a finding by thepresiding judge that (i) the party charged with the violation has willfullyengaged in the act or practice with which he was charged or (ii) the partyinstituting the action knew, or should have known, that the action wasfrivolous and malicious.
C. The provisions of this section shall be in addition to, and shall notimpair, the rights of and remedies available to borrowers in mortgage loansotherwise provided by law.
(2001, c. 510, § 6.1-422.1; 2003, c. 386; 2010, c. 794.)
