Sec. 36a-760i. Court action based on lender's failure to comply with statutory requirements.
Sec. 36a-760i. Court action based on lender's failure to comply with statutory
requirements. (a) A borrower who has been injured by a violation of sections 36a-760a
to 36a-760h, inclusive, may bring a claim in a court of competent jurisdiction by the
date three years after the date of the closing for the following: The greater of actual
damages or one thousand dollars; and costs and reasonable attorney's fees, unless:
(1) By the date ninety days after the date of the loan closing and prior to the commencement of any action against a lender under this section, the borrower is notified
by the lender of the compliance failure, the lender tenders appropriate restitution and
the lender either (A) makes the nonprime home loan comply with the applicable provisions of sections 36a-760a to 36a-760h, inclusive; or (B) changes the terms of the mortgage in a manner beneficial to the borrower so that the mortgage will no longer be
considered a nonprime home loan subject to the provisions of sections 36a-760a to 36a-760h, inclusive; or
(2) The lender is able to show by a preponderance of evidence that the compliance
failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors. For the purposes of
this subdivision, the phrase "bona fide error" includes, but is not limited to, a clerical,
calculation, printing, computer malfunction or programming error, but does not include
an error of legal judgment with respect to a lender's obligations under the relevant
provisions of sections 36a-760a to 36a-760h, inclusive. In actions where the compliance
failure has caused material injury to the borrower, the lender shall also be able to show
that it cured the compliance failure or otherwise undertook reasonable remedial steps
to address or compensate for the injury; or
(3) The lender and borrower otherwise reach a mutual agreement on an appropriate
remedy or curative action.
(b) In addition, the court may grant an injured borrower such relief as it deems just
and equitable.
(c) A borrower or mortgagor may assert fraud and any violation of sections 36a-760a
to 36a-760h, inclusive, which causes material injury to a borrower as a counterclaim or
defense to foreclosure by the date six years after the date of the closing.
(d) Nothing in this section shall be construed as creating or permitting a cause of
action or defense or counterclaim against an assignee of a nonprime home loan or other
mortgage loan with respect to a violation of sections 36a-760a to 36a-760h, inclusive,
by the originating lender or mortgage broker.
(P.A. 08-176, S. 30.)
History: P.A. 08-176 effective July 1, 2008.