(1) In any action or suit on a contract by an assignee of any right under that contract, the maker of that contract and the plaintiff in the action or suit on that contract shall be severally liable for any attorney fees and costs that may be awarded to the defendant in the action.
(2) As used in this section, “maker” means the original party to the contract which is the subject of the action or suit who is the predecessor in interest of the plaintiff under the contract.
(3) A maker shall be liable under this section only if the defense successfully asserted by the defendant existed at the time of the assignment of the contract.