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Subdivision 1.Remedies.
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;
(3) punitive damages if appropriate, and as provided in sections 549.191 and 549.20; and
(4) court costs and reasonable attorney fees.
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Subd. 2.Private attorney general statute.
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.
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Subd. 3.Remedies cumulative.
The remedies provided in this section are cumulative and do not restrict any other right or remedy otherwise available to the borrower.
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Subd. 4.Exemption.
This section does not apply to a residential mortgage loan originated by a federal or state chartered bank, savings bank, or credit union.
Notes of Decisions
Gretsch v. Vantium Capital, Inc., 846 N.W.2d 424 (Minn. 2014).
· cites it 70× “Because we conclude that Minn.Stat. § 58.18, subd. 1, provides for a private right of action and therefore gives Gretsch standing to pursue her claim, we reverse.”
Bohnhoff v. Wells Fargo Bank, N.A., 853 F. Supp. 2d 849 (D. Minnesota 2012).
· cites it 3× “” Minn.Stat. § 58.18, subdiv. 1. In response, *858 Wells Fargo argues that National Bank Act preempts the Minnesota Residential Mortgage Act.”
Bakko v. Quicken Loans, Inc., 358 F. Supp. 3d 800 (D. Me. 2018).
· cites it 2× “Minn. Stat. 58.18, subdiv. 1. In addition, the statute provides that the borrower "also may bring an action *807 under section 8.”
Steven L. Wirtz v. Specialized Loan Servicing, 987 F.3d 1156 (8th Cir. 2021).
“Minn. Stat. § 58.18 , subdiv. 1. The more natural inference is that “injured by” is an umbrella term that encompasses several types of damages, not that the phrase “injured by” requires no actual injury.”
Coleman v. Lakeview Loan Servicing, LLC (D. Minnesota 2020).
· cites it 5× “) The original complaint does not seek punitive damages for the FDCPA claim, but it does note the availability of punitive damages for the MOSLA claim under Minn. Stat. 58.18, subd. 1. (Compl. ¶¶ 54–55.”
Wirtz v. JPMorgan Chase Bank, N.A., 185 F. Supp. 3d 1140 (2016).
· cites it 3× “Minn. Stat. § 58.18 , subd. l. Wirtz ■■ seeks remedies under the first, third, and fourth prongs.”
Wirtz v. JPMorgan Chase Bank, N.A. (D. Minnesota 2018).
· cites it 2× “Minn. Stat. § 58.18 , 4 subdiv. 1. An injured borrower is entitled recover the following categories of damages: (1) actual, incidental, and consequential damages; (2) statutory damages; (3) punitive damages if appropriate; and (4) court costs and reasonable attorney fees.”
Bakko v. Quicken Loans, Inc. (D. Minnesota 2018).
· cites it 2× “Minn. Stat. 58.18, subdiv. 1. In addition, the statute provides that the borrower “also may bring an action under section 8.”
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