12 U.S.C. §4907 — Civil liability
HPA private right of action section. Civil-liability framework (actual damages with interest, statutory damages with class- action caps, costs, reasonable attorney fees); 2-year discovery-rule statute of limitations; servicer defense when failure to comply is caused by mortgage-insurer or mortgagee non-compliance.
Verbatim regulatory text
Verbatim provisions from 12 U.S.C. §4907 — Civil liability — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
12 U.S.C. §4907(a) — Civil liability for HPA violations
(a) In general Any servicer , mortgagee , or mortgage insurer that violates a provision of this chapter shall be liable to each mortgagor to whom the violation relates for—
12 U.S.C. §4907(b) — 2-year discovery-rule statute of limitations
No action may be brought by a mortgagor under subsection (a) later than 2 years after the date of the discovery of the violation that is the subject of the action.
12 U.S.C. §4907(a) — Civil liability for HPA violations — enumerated items (chapeau recall fix)
(1) in the case of an action by an individual, or a class action in which the liable party is not subject to section 4909 of this title , any actual damages sustained by the mortgagor as a result of the violation, including interest (at a rate determined by the court) on the amount of actual damages, accruing from the date on which the violation commences; (2) in the case of— (A) an action by an individual, such statutory damages as the court may allow, not to exceed $2,000; and (B) in the case of a class action—
12 U.S.C. §4907(a) — Civil liability for HPA violations — enumerated items (chapeau recall fix) — enumerated items (chapeau recall fix)
(i) in which the liable party is subject to section 4909 of this title , such amount as the court may allow, except that the total recovery under this subparagraph in any class action or series of class actions arising out of the same violation by the same liable party shall not exceed the lesser of $500,000 or 1 percent of the net worth of the liable party, as determined by the court; and (ii) in which the liable party is not subject to section 4909 of this title , such amount as the court may allow, not to exceed $1,000 as to each member of the class, except that the total recovery under this subparagraph in any class action or series of class actions arising out of the same violation by the same liable party shall not exceed the lesser of $500,000 or 1 percent of the gross revenues of the liable party, as determined by the court;