§ 5.33.080. Civil enforcement and remedies.

A.

An aggrieved borrower or an organization acting on behalf of an aggrieved borrower or borrowers may bring a civil action for injunctive relief or damages in a court of competent jurisdiction for any violation of this chapter. If the court finds that a violation of this chapter has occurred, the court shall award: 1) actual damages sustained by the borrower as a result of the violation; 2) exemplary damages to the borrower in the amount of the points and fees charged for the home loan plus ten percent of the total loan amount; and 3) reasonable costs and attorneys' fees. In addition the court may, as the court deems appropriate: 1) issue an order or injunction rescinding a home loan contract which violates this chapter, or barring the lender from collecting under any home loan which violates this chapter; 2) issue an order or injunction barring any judicial or nonjudicial foreclosure or other lender action under the mortgage or deed of trust securing any home loan which violates this chapter; 3) issue an order or injunction reforming the terms of the home loan to conform to this chapter; 4) issue an order or injunction enjoining a lender from engaging in any prohibited conduct; 5) award punitive damages as the court may deem appropriate if the court determines by clear and convincing evidence that the lender has shown reckless disregard for the rights of the borrower; or 6) impose such other relief, including injunctive relief, as the court may deem just and equitable.

B.

A borrower may also assert a violation of this chapter as a defense, bar, or counterclaim to any default action, collection action or judicial or nonjudicial foreclosure action in connection with a home loan.

C.

Any relief granted to a borrower under this chapter under law or equity may not reflect negatively in the credit history of the borrower. A lender may not report any action or relief granted to a borrower under this chapter to any credit agency, and may not consider any such action or relief when considering the making of any future home loans to the borrower.

D.

The City Attorney may bring a civil action for any violation of this chapter. If the court finds in any such action that a lender or other party has violated this chapter, the court shall impose civil penalties of not less than five hundred dollars ($500.00) and not more than fifty thousand dollars ($50,000.00) per violation, and shall award reasonable costs and attorneys' fees to the City Attorney. For purposes of this paragraph, each home loan made in violation of this chapter is considered a separate violation.

E.

The remedies provided under this chapter are cumulative. The protections and remedies provided under this chapter are in addition to other protections and remedies that may be otherwise available under law. Nothing in this chapter is intended to limit the rights of any injured person to recover damages or pursue any other legal or equitable action under any other applicable law or legal theory.

(Ord. 12361 § 2 (part), 2001)