Mo. Rev. Stat. » Chapter 408
Missouri Revised Statutes

Mo. Rev. Stat. § 408.562 (2026)

Damages recoverable for violation

✓ current as of May 2026
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  408.562.  Damages recoverable for violation. — In addition to any other civil remedies or penalties provided for by law, any person who suffers any loss of money or property as a result of any act, method or practice in violation of the provisions of sections 408.100 to 408.561 may bring an action in the circuit court of the county in which any of the defendants reside, in which the plaintiff resides, or in which the transaction complained of occurred to recover actual damages.  The court may, in its discretion, award punitive damages and may award to the prevailing party in such action attorney's fees, based on the amount of time reasonably expended, and may provide such equitable relief as it deems necessary and proper.

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(L. 1979 S.B. 305)

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1997–2024 · leading case: Mitchell v. Residential Funding Corp., 334 S.W.3d 477 (Mo. Ct. App. 2011).
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Mitchell v. Residential Funding Corp., 334 S.W.3d 477 (Mo. Ct. App. 2011). · cites it 21× “” Defendants, however, argue that the damages measure must be found within section 408.562. Section 408.562 authorizes a private right of action for violation of the MSMLA and provides in relevant part: In addition to any other civil remedies or penalties provided for by law,…”
Fielder v. Credit Acceptance Corp., 19 F. Supp. 2d 966 (W.D. Mo. 1998). · cites it 30× “Section 408.562 states: In addition to any other civil remedies or penalties provided for by law, any person who suffers any loss of money or property as a result of any act, method or practice in violation of the provisions of sections 408.”
Michael D. v. GMAC Mortg., LLC, 763 F. Supp. 2d 1091 (W.D. Mo. 2011). · cites it 13× “) (quoting Mo.Rev.Stat. § 408.562.). The MSMLA defines a “second mortgage loan” as a loan secured in whole or in part by a lien upon any interest in residential real estate created by a security instrument, including a mortgage, trust deed, or other similar instrument or…”
Schwartz v. Bann-Cor Mortg., 197 S.W.3d 168 (Mo. Ct. App. 2006). · cites it 2× “But there seems little doubt that in this case, the essence of what is motivating Borrowers is the hope of obtaining all the relief allowed under the provisions of the SMLA and section 408.562, which includes penalties and forfeitures.”
Minton v. Hill, 944 S.W.2d 250 (Mo. Ct. App. 1997). · cites it 3× “Section 408.562 provides that any person who suffers any loss of money or property as a result of a violation of 408.”
Washington v. Countrywide Home Loans, Inc., 655 F.3d 869 (8th Cir. 2011). “See Mo.Rev.Stat. § 408.562. The facts in this case are undisputed.”
Avila v. Cmty. Bank of Virginia, 143 S.W.3d 1 (Mo. Ct. App. 2003). “Sections 408.562, 408.240. To state a civil claim under these provisions of the SMLA, the Avilas had to plead facts establishing that: (1) they obtained a *5 secondary mortgage loan; (2) an unlawful rate of interest was charged on the loan; and (8) the fees charged in connection…”
Wong v. Bann-Cor Mortg., 878 F. Supp. 2d 989 (W.D. Mo. 2012). “236 and/or § 408.562. On March 25, 2008, Judge John M.”
Wong v. Mortg., 918 F. Supp. 2d 941 (W.D. Mo. 2013). · cites it 2× “236 and/or § 408.562. In 2006, the Missouri Court of Appeals found that the six-year statute of limitations period provided for in R.”
Washington v. Countrywide Home Loans, Inc., 647 F.3d 850 (8th Cir. 2011). “See Mo.Rev.Stat. § 408.562. The facts in this case are undisputed.”
Ryan v. United Recovery & Remarketing, LLC (E.D. Mo. 2022). · cites it 2× “§ 408.562, she may recover actual and punitive damages resulting from Defendants’ violation of § 408.”
Turner v. Am.'s Car Mart, Inc. (E.D. Mo. 2024). · cites it 2× “Count III alleges that Defendant violated Mo. Rev. Stat. § 408.562 , by wrongfully repossessing the vehicle without giving Plaintiff an opportunity to cure the alleged payment default.”
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