A. Nothing in this chapter shall be construed to preclude any person who suffers loss as a result of a violation of Chapter 3 (§ 6.2-300 et seq.) or Chapter 4 (§ 6.2-400 et seq.) from maintaining an action to recover damages or restitution and, as provided by statute, attorney fees. However, in any matter in which the Attorney General has exercised his authority pursuant to § 6.2-1626, an individual action shall not be maintainable if the individual has received damages or restitution pursuant to § 6.2-1626.
B. A borrower who suffers a loss as a result of a mortgage broker's breach of duty as set forth in subdivision B 5 of § 6.2-1616 may bring an action against such broker to recover actual damages. In addition to any damages awarded, such borrower also may be awarded attorney fees and court costs.
1987, c. 596, § 6.1-431; 2009, cc. 189, 261; 2010, c. 794; 2022, cc. 400, 401.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 16 - Mortgage Lenders and Mortgage Brokers
§ 6.2-1601. License requirement
§ 6.2-1602. Persons exempt from chapter
§ 6.2-1603. Application for license; form; content; fee
§ 6.2-1605. Investigation of applications
§ 6.2-1607. Licenses; places of business; changes
§ 6.2-1608. Acquisition of control; application
§ 6.2-1609. Retention of books, accounts and records
§ 6.2-1611. Investigations; examinations
§ 6.2-1614. Prohibitions applicable to mortgage lenders and mortgage brokers
§ 6.2-1615. Other prohibitions applicable to mortgage lenders
§ 6.2-1616. Other prohibitions applicable to mortgage brokers
§ 6.2-1617. Application to certain real estate brokers
§ 6.2-1619. Suspension or revocation of license
§ 6.2-1620. Censuring, suspending, or barring persons
§ 6.2-1621. Filing of written report with Commissioner; events affecting activities of licensee
§ 6.2-1622. Cease and desist orders
§ 6.2-1623. Notice of proposed suspension or revocation
§ 6.2-1625. Criminal penalties
§ 6.2-1626. Authority of Attorney General; referral by Commission to Attorney General
§ 6.2-1628. Enforcement of prohibitions on certain practices; recovery of attorney fees
§ 6.2-1629. Prohibited practices; authority of the Attorney General