§ 45-94. Remedies.
§ 45‑94. Remedies.
In addition to any equitableremedies and any other remedies at law, any borrower injured by any violationof this Article may bring an action for recovery of actual damages, includingreasonable attorneys' fees. The Commissioner of Banks, the Attorney General, orany party to a home loan may enforce the provisions of this section. The Clerkof Superior Court shall also suspend foreclosure proceedings for 60 days ifnotified by the Commissioner of Banks as provided in G.S. 53‑243.12(n). Withthe exception of an action by the Commissioner of Banks or the AttorneyGeneral, at least 30 days before a borrower or a borrower's representativeinstitutes a civil action for damages against a servicer for a violation ofthis Article, the borrower or a borrower's representative shall notify theservicer in writing of any claimed errors or disputes regarding the borrower'shome loan that forms the basis of the civil action. The notice must be sent tothe address as designated on any of the servicer's bills, statements, invoices,or other written communication, and must enable the servicer to identify thename and loan account of the borrower. For purposes of this section, noticeshall not include a complaint or summons. Nothing in this section shall limitthe rights of a borrower to enjoin a civil action, or make a counterclaim,cross‑claim, or plead a defense in a civil action. A servicer will not bein violation of this Article if the servicer shows by a preponderance ofevidence that:
(1) The violation wasnot intentional or the result of bad faith; and
(2) Within 30 days afterdiscovering or being notified of an error, and prior to the institution of anylegal action by the borrower against the servicer under this section, theservicer corrected the error and compensated the borrower for any fees orcharges incurred by the borrower as a result of the violation. (2007‑351, s. 5; 2008‑228,s. 20.)