source:
  type: regulation
  id: hpa-12usc-4907
  authority: 12 U.S.C. §4907 — Civil liability
  description: 'HPA private right of action section. Civil-liability framework

    (actual damages with interest, statutory damages with class-

    action caps, costs, reasonable attorney fees); 2-year

    discovery-rule statute of limitations; servicer defense when

    failure to comply is caused by mortgage-insurer or mortgagee

    non-compliance.

    '
obligations:
- id: hpa-12usc-4907-a
  canonical_id: hpa-12usc-4907-a
  section: 12 U.S.C. §4907(a)
  description: '(a): (a) In general Any servicer , mortgagee , or mortgage insurer that violates a provision
    of this chapter shall be liable to each mortgagor to whom the violation relates for— (1) in the case
    of an action by an individual, or a class action in which the liable party is not subject to section
    4909 of th…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 12 U.S.C. §4907(a)
    source_class: hpa-statute
    source_url: https://www.law.cornell.edu/uscode/text/12/4907
    snapshot_id: b64c18d0ac165258
    fetched_at: '2026-05-24T00:47:11Z'
    content_hash: sha256:7471830e0e275ea57d476efd9ca6809002761af60bb1ea73b0001e122d7bddef
    paragraph_quote: (a) In general Any servicer , mortgagee , or mortgage insurer that violates a provision
      of this chapter shall be liable to each mortgagor to whom the violation relates for— (1) in the
      case of an action by an individual, or a class action in which the liable party is not subject to
      section 4909 of this title , any actual damages sustained by the mortgagor as a result of the violation,
      including interest (at a rate determined by the court) on the amount of actual damages, accruing
      from the date on which the violation commences; (2) in the case of— (A) an action by an individual,
      such statutory damages as the court may allow, not to exceed $2,000; and (B) in the case of a class
      action—
    drafter_attestation: Verbatim subsection of 12 U.S.C. §4907 from Cornell LII snapshot b64c18d0ac165258;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: hpa-12usc-4907-i
  canonical_id: hpa-12usc-4907-i
  section: 12 U.S.C. §4907(i)
  description: '(i): (i) in which the liable party is subject to section 4909 of this title , such amount
    as the court may allow, except that the total recovery under this subparagraph in any class action
    or series of class actions arising out of the same violation by the same liable party shall not exceed
    the lesser of…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 12 U.S.C. §4907(a)
    source_class: hpa-statute
    source_url: https://www.law.cornell.edu/uscode/text/12/4907
    snapshot_id: b64c18d0ac165258
    fetched_at: '2026-05-24T00:47:11Z'
    content_hash: sha256:7471830e0e275ea57d476efd9ca6809002761af60bb1ea73b0001e122d7bddef
    paragraph_quote: (i) in which the liable party is subject to section 4909 of this title , such amount
      as the court may allow, except that the total recovery under this subparagraph in any class action
      or series of class actions arising out of the same violation by the same liable party shall not
      exceed the lesser of $500,000 or 1 percent of the net worth of the liable party, as determined by
      the court; and (ii) in which the liable party is not subject to section 4909 of this title , such
      amount as the court may allow, not to exceed $1,000 as to each member of the class, except that
      the total recovery under this subparagraph in any class action or series of class actions arising
      out of the same violation by the same liable party shall not exceed the lesser of $500,000 or 1
      percent of the gross revenues of the liable party, as determined by the court; (3) costs of the
      action; and (4) reasonable attorney fees, as determined by the court.
    drafter_attestation: Verbatim subsection of 12 U.S.C. §4907 from Cornell LII snapshot b64c18d0ac165258;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: hpa-12usc-4907-b
  canonical_id: hpa-12usc-4907-b
  section: 12 U.S.C. §4907(b)
  description: '(b): (b) Timing of actions No action may be brought by a mortgagor under subsection (a)
    later than 2 years after the date of the discovery of the violation that is the subject of the action.'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 12 U.S.C. §4907(a)
    source_class: hpa-statute
    source_url: https://www.law.cornell.edu/uscode/text/12/4907
    snapshot_id: b64c18d0ac165258
    fetched_at: '2026-05-24T00:47:11Z'
    content_hash: sha256:7471830e0e275ea57d476efd9ca6809002761af60bb1ea73b0001e122d7bddef
    paragraph_quote: (b) Timing of actions No action may be brought by a mortgagor under subsection (a)
      later than 2 years after the date of the discovery of the violation that is the subject of the action.
    drafter_attestation: Verbatim subsection of 12 U.S.C. §4907 from Cornell LII snapshot b64c18d0ac165258;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: hpa-12usc-4907-c
  canonical_id: hpa-12usc-4907-c
  section: 12 U.S.C. §4907(c)
  description: '(c): (c) Limitations on liability (1) In general With respect to a residential mortgage
    transaction , the failure of a servicer to comply with the requirements of this chapter due to the
    failure of a mortgage insurer or a mortgagee to comply with the requirements of this chapter, shall
    not be construed t…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 12 U.S.C. §4907(a)
    source_class: hpa-statute
    source_url: https://www.law.cornell.edu/uscode/text/12/4907
    snapshot_id: b64c18d0ac165258
    fetched_at: '2026-05-24T00:47:11Z'
    content_hash: sha256:7471830e0e275ea57d476efd9ca6809002761af60bb1ea73b0001e122d7bddef
    paragraph_quote: (c) Limitations on liability (1) In general With respect to a residential mortgage
      transaction , the failure of a servicer to comply with the requirements of this chapter due to the
      failure of a mortgage insurer or a mortgagee to comply with the requirements of this chapter, shall
      not be construed to be a violation of this chapter by the servicer. (2) Rule of construction Nothing
      in paragraph (1) shall be construed to impose any additional requirement or liability on a mortgage
      insurer , a mortgagee, or a holder of a residential mortgage . ( Pub. L. 105–216, § 8 , July 29,
      1998 , 112 Stat. 905 .)
    drafter_attestation: Verbatim subsection of 12 U.S.C. §4907 from Cornell LII snapshot b64c18d0ac165258;
      body isolated between nav and notes; substring-verified.
  judgment: false
