1 | Representative Brisé offered the following: |
2 |
|
3 | Amendment to Amendment (533109) (with title amendment) |
4 | Remove line(s) 322-324 and insert: |
5 | penalties and remedies provided in part II of this chapter. |
6 | (8) ACTIONS FOR DAMAGES.-- |
7 | (a) A homeowner may bring an action against a foreclosure- |
8 | rescue consultant or equity purchaser for any violation of this |
9 | section. Judgment must be entered for actual damages and |
10 | consequential damages, reasonable attorney's fees and costs, and |
11 | appropriate equitable relief, including, but not limited to, the |
12 | rescission of any deed, mortgage, or other instrument signed by |
13 | the homeowner or equity purchaser. The rights and remedies |
14 | provided in this section are cumulative with, and not a |
15 | limitation of, any other rights and remedies provided by law. |
16 | Any action brought pursuant to this subsection must be commenced |
17 | within 4 years after the date of the alleged violation. |
18 | (b) In addition to any other damages available to a |
19 | homeowner: |
20 | 1. The court may award damages up to one and one-half |
21 | times the compensation charged by the foreclosure-rescue |
22 | consultant if the court finds that the foreclosure-rescue |
23 | consultant's conduct was in bad faith. |
24 | 2. For a violation of paragraph (5)(c), paragraph (5)(d), |
25 | paragraph (5)(e), or paragraph (5)(f), the court may award |
26 | damages no less than one and one-half times the actual damages. |
27 | (c) Notwithstanding any other provision of this |
28 | subsection, no action may be brought on the basis of a violation |
29 | of this section except by a homeowner against whom the violation |
30 | was committed or by the attorney general. |
31 |
|
32 |
|
33 | ----------------------------------------------------- |
34 | T I T L E A M E N D M E N T |
35 | Remove line 365 and insert: |
36 | for penalties and remedies; providing for damages; authorizing |
37 | homeowners to bring actions against certain persons for certain |
38 | violations; providing for judgments for actual and consequential |
39 | damages, attorney's fees and costs, and equitable relief; |
40 | specifying rights and remedies as cumulative; providing a time |
41 | limitation on bringing such actions; authorizing courts to award |
42 | certain additional damages; repealing s. 501.2078, F.S., |
43 | relating to violations |