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Minn. Stat. § 58.18

PRIVATE RIGHT OF ACTION.

Applied in 6 court decisions — leading case Gretsch v. Vantium Capital, Inc. (2014)

Most recently applied in Steven L. Wirtz v. Specialized Loan Servicing (February 2021)

2007 c 74 s 5; 2008 c 276 s 3,4

How often courts cite this section

20122020202120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

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.

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.

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.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.