{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-1628.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-1628.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-1628.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-1628.html"}],"law_id":73955,"edition_id":1,"section_id":73955,"structure_id":13352,"section_number":"6.2-1628","catch_line":"Enforcement of prohibitions on certain practices; recovery of attorney fees","history":"2001, c. 510, \u00a7 6.1-422.1; 2003, c. 386; 2010, c. 794.","full_text":"A\n\nThe Attorney General, the Commission, or any party to a mortgage loan may enforce the provisions of &#xA7;&#xA7; 6.2-1614, 6.2-1615, and 6.2-1616.B\n\nIn any suit instituted by a borrower who alleges that the defendant violated &#xA7; 6.2-1614, 6.2-1615, or 6.2-1616, the presiding judge may, in the judge&#8217;s discretion, allow reasonable attorney fees to the attorney representing the prevailing party. The attorney fees shall be taxed as a part of the court costs and payable by the losing party upon a finding by the presiding judge that (i) the party charged with the violation has willfully engaged in the act or practice with which he was charged or (ii) the party instituting the action knew, or should have known, that the action was frivolous and malicious.C\n\nThe provisions of this section shall be in addition to, and shall not impair, the rights of and remedies available to borrowers in mortgage loans otherwise provided by law.","order_by":null,"text":{"0":{"id":265991,"text":"The Attorney General, the Commission, or any party to a mortgage loan may enforce the provisions of &#xA7;&#xA7; 6.2-1614, 6.2-1615, and 6.2-1616.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265992,"text":"In any suit instituted by a borrower who alleges that the defendant violated &#xA7; 6.2-1614, 6.2-1615, or 6.2-1616, the presiding judge may, in the judge&#8217;s discretion, allow reasonable attorney fees to the attorney representing the prevailing party. The attorney fees shall be taxed as a part of the court costs and payable by the losing party upon a finding by the presiding judge that (i) the party charged with the violation has willfully engaged in the act or practice with which he was charged or (ii) the party instituting the action knew, or should have known, that the action was frivolous and malicious.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265993,"text":"The provisions of this section shall be in addition to, and shall not impair, the rights of and remedies available to borrowers in mortgage loans otherwise provided by law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13352,"edition_id":1,"name":"Mortgage Lenders and Mortgage Brokers","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13060,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":266007,"object_type":"structure","relational_id":13352,"identifier":"16","token":"6.2\/III\/16","url":"\/6.2\/III\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13060,"edition_id":1,"name":"Other Regulated Providers of Financial Services","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:44:12","date_modified":"2026-06-26 03:44:12","permalink":{"id":265721,"object_type":"structure","relational_id":13060,"identifier":"III","token":"6.2\/III","url":"\/6.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71155,"structure_id":13352,"section_number":"6.2-1600","catch_line":"Definitions","url":"\/6.2-1600\/","token":"6.2\/III\/16\/6.2-1600","metadata":false},{"id":69139,"structure_id":13352,"section_number":"6.2-1601","catch_line":"License requirement","url":"\/6.2-1601\/","token":"6.2\/III\/16\/6.2-1601","metadata":false},{"id":81765,"structure_id":13352,"section_number":"6.2-1602","catch_line":"Persons exempt from chapter","url":"\/6.2-1602\/","token":"6.2\/III\/16\/6.2-1602","metadata":false},{"id":54762,"structure_id":13352,"section_number":"6.2-1603","catch_line":"Application for license; form; content; fee","url":"\/6.2-1603\/","token":"6.2\/III\/16\/6.2-1603","metadata":false},{"id":59504,"structure_id":13352,"section_number":"6.2-1604","catch_line":"Bond required","url":"\/6.2-1604\/","token":"6.2\/III\/16\/6.2-1604","metadata":false},{"id":54914,"structure_id":13352,"section_number":"6.2-1605","catch_line":"Investigation of applications","url":"\/6.2-1605\/","token":"6.2\/III\/16\/6.2-1605","metadata":false},{"id":73062,"structure_id":13352,"section_number":"6.2-1606","catch_line":"Qualifications","url":"\/6.2-1606\/","token":"6.2\/III\/16\/6.2-1606","metadata":false},{"id":81215,"structure_id":13352,"section_number":"6.2-1607","catch_line":"Licenses; places of business; changes","url":"\/6.2-1607\/","token":"6.2\/III\/16\/6.2-1607","metadata":false},{"id":76246,"structure_id":13352,"section_number":"6.2-1608","catch_line":"Acquisition of control; application","url":"\/6.2-1608\/","token":"6.2\/III\/16\/6.2-1608","metadata":false},{"id":54332,"structure_id":13352,"section_number":"6.2-1609","catch_line":"Retention of books, accounts and records","url":"\/6.2-1609\/","token":"6.2\/III\/16\/6.2-1609","metadata":false},{"id":61819,"structure_id":13352,"section_number":"6.2-1610","catch_line":"Periodic reports","url":"\/6.2-1610\/","token":"6.2\/III\/16\/6.2-1610","metadata":false},{"id":71555,"structure_id":13352,"section_number":"6.2-1611","catch_line":"Investigations; examinations","url":"\/6.2-1611\/","token":"6.2\/III\/16\/6.2-1611","metadata":false},{"id":82309,"structure_id":13352,"section_number":"6.2-1612","catch_line":"Annual fees","url":"\/6.2-1612\/","token":"6.2\/III\/16\/6.2-1612","metadata":false},{"id":66404,"structure_id":13352,"section_number":"6.2-1613","catch_line":"Regulations","url":"\/6.2-1613\/","token":"6.2\/III\/16\/6.2-1613","metadata":false},{"id":61182,"structure_id":13352,"section_number":"6.2-1614","catch_line":"Prohibitions applicable to mortgage lenders and mortgage brokers","url":"\/6.2-1614\/","token":"6.2\/III\/16\/6.2-1614","metadata":false},{"id":61213,"structure_id":13352,"section_number":"6.2-1615","catch_line":"Other prohibitions applicable to mortgage lenders","url":"\/6.2-1615\/","token":"6.2\/III\/16\/6.2-1615","metadata":false},{"id":80723,"structure_id":13352,"section_number":"6.2-1616","catch_line":"Other prohibitions applicable to mortgage brokers","url":"\/6.2-1616\/","token":"6.2\/III\/16\/6.2-1616","metadata":false},{"id":64232,"structure_id":13352,"section_number":"6.2-1617","catch_line":"Application to certain real estate brokers","url":"\/6.2-1617\/","token":"6.2\/III\/16\/6.2-1617","metadata":false},{"id":58328,"structure_id":13352,"section_number":"6.2-1618","catch_line":"Escrow accounts","url":"\/6.2-1618\/","token":"6.2\/III\/16\/6.2-1618","metadata":false},{"id":69878,"structure_id":13352,"section_number":"6.2-1619","catch_line":"Suspension or revocation of license","url":"\/6.2-1619\/","token":"6.2\/III\/16\/6.2-1619","metadata":false},{"id":72499,"structure_id":13352,"section_number":"6.2-1620","catch_line":"Censuring, suspending, or barring persons","url":"\/6.2-1620\/","token":"6.2\/III\/16\/6.2-1620","metadata":false},{"id":65038,"structure_id":13352,"section_number":"6.2-1621","catch_line":"Filing of written report with Commissioner; events affecting activities of licensee","url":"\/6.2-1621\/","token":"6.2\/III\/16\/6.2-1621","metadata":false},{"id":61967,"structure_id":13352,"section_number":"6.2-1622","catch_line":"Cease and desist orders","url":"\/6.2-1622\/","token":"6.2\/III\/16\/6.2-1622","metadata":false},{"id":85659,"structure_id":13352,"section_number":"6.2-1623","catch_line":"Notice of proposed suspension or revocation","url":"\/6.2-1623\/","token":"6.2\/III\/16\/6.2-1623","metadata":false},{"id":70740,"structure_id":13352,"section_number":"6.2-1624","catch_line":"Civil penalties","url":"\/6.2-1624\/","token":"6.2\/III\/16\/6.2-1624","metadata":false},{"id":82877,"structure_id":13352,"section_number":"6.2-1625","catch_line":"Criminal penalties","url":"\/6.2-1625\/","token":"6.2\/III\/16\/6.2-1625","metadata":false},{"id":83877,"structure_id":13352,"section_number":"6.2-1626","catch_line":"Authority of Attorney General; referral by Commission to Attorney General","url":"\/6.2-1626\/","token":"6.2\/III\/16\/6.2-1626","metadata":false},{"id":73847,"structure_id":13352,"section_number":"6.2-1627","catch_line":"Private actions","url":"\/6.2-1627\/","token":"6.2\/III\/16\/6.2-1627","metadata":false},{"id":73955,"structure_id":13352,"section_number":"6.2-1628","catch_line":"Enforcement of prohibitions on certain practices; recovery of attorney fees","url":"\/6.2-1628\/","token":"6.2\/III\/16\/6.2-1628","metadata":false},{"id":62961,"structure_id":13352,"section_number":"6.2-1629","catch_line":"Prohibited practices; authority of the Attorney General","url":"\/6.2-1629\/","token":"6.2\/III\/16\/6.2-1629","metadata":false}],"previous_section":{"id":73847,"structure_id":13352,"section_number":"6.2-1627","catch_line":"Private actions","url":"\/6.2-1627\/","token":"6.2\/III\/16\/6.2-1627","metadata":false},"next_section":{"id":62961,"structure_id":13352,"section_number":"6.2-1629","catch_line":"Prohibited practices; authority of the Attorney General","url":"\/6.2-1629\/","token":"6.2\/III\/16\/6.2-1629","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-1628\/","history_text":"<p>This law was first created in 2001. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0510\">510<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0386\">386<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0794\">794<\/a>.<\/p>","references":false,"refers_to":[{"id":61182,"section_number":"6.2-1614","catch_line":"Prohibitions applicable to mortgage lenders and mortgage brokers","order_by":null,"url":"\/6.2-1614\/"},{"id":61213,"section_number":"6.2-1615","catch_line":"Other prohibitions applicable to mortgage lenders","order_by":null,"url":"\/6.2-1615\/"},{"id":80723,"section_number":"6.2-1616","catch_line":"Other prohibitions applicable to mortgage brokers","order_by":null,"url":"\/6.2-1616\/"}],"permalink":{"id":266121,"object_type":"law","relational_id":73955,"identifier":"6.2-1628","token":"6.2\/III\/16\/6.2-1628","url":"\/6.2-1628\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-1628\/","token":"6.2\/III\/16\/6.2-1628","dublin_core":{"Title":"Enforcement of prohibitions on certain practices; recovery of attorney fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-1628","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Attorney General<\/span>, the <span class=\"dictionary\">Commission<\/span>, or any <span class=\"dictionary\">party<\/span> to a <span class=\"dictionary\">mortgage loan<\/span> may enforce the provisions of &#xA7;&#xA7; <a class=\"law\" title=\"Prohibitions applicable to mortgage lenders and mortgage brokers\" href=\"\/6.2-1614\/\">6.2-1614<\/a>, <a class=\"law\" title=\"Other prohibitions applicable to mortgage lenders\" href=\"\/6.2-1615\/\">6.2-1615<\/a>, and <a class=\"law\" title=\"Other prohibitions applicable to mortgage brokers\" href=\"\/6.2-1616\/\">6.2-1616<\/a>. <a id=\"paragraph-265991\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1628\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> In any suit instituted by a borrower who alleges that the <span class=\"dictionary\">defendant<\/span> violated &#xA7; <a class=\"law\" title=\"Prohibitions applicable to mortgage lenders and mortgage brokers\" href=\"\/6.2-1614\/\">6.2-1614<\/a>, <a class=\"law\" title=\"Other prohibitions applicable to mortgage lenders\" href=\"\/6.2-1615\/\">6.2-1615<\/a>, or <a class=\"law\" title=\"Other prohibitions applicable to mortgage brokers\" href=\"\/6.2-1616\/\">6.2-1616<\/a>, the presiding <span class=\"dictionary\">judge<\/span> may, in the <span class=\"dictionary\">judge<\/span>&#8217;s discretion, allow reasonable attorney fees to the attorney representing the prevailing <span class=\"dictionary\">party<\/span>. The attorney fees shall be taxed as a part of the <span class=\"dictionary\">court<\/span> costs and payable by the losing <span class=\"dictionary\">party<\/span> upon a <span class=\"dictionary\">finding<\/span> by the presiding <span class=\"dictionary\">judge<\/span> that (i) the <span class=\"dictionary\">party<\/span> charged with the violation has willfully engaged in the act or practice with which he was charged or (ii) the <span class=\"dictionary\">party<\/span> instituting the action knew, or should have known, that the action was frivolous and <span class=\"dictionary\">malicious<\/span>. <a id=\"paragraph-265992\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1628\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The provisions of this section shall be in addition to, and shall not impair, the rights of and remedies available to borrowers in <span class=\"dictionary\">mortgage loans<\/span> otherwise provided by <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-265993\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1628\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nENFORCEMENT OF PROHIBITIONS ON CERTAIN PRACTICES; RECOVERY OF ATTORNEY FEES (\u00a7\n6.2-1628)\n\nA. The Attorney General, the Commission, or any party to a mortgage loan may\nenforce the provisions of &#xA7;&#xA7; 6.2-1614, 6.2-1615, and 6.2-1616.\n\nB. In any suit instituted by a borrower who alleges that the defendant violated\n&#xA7; 6.2-1614, 6.2-1615, or 6.2-1616, the presiding judge may, in the\njudge&#8217;s discretion, allow reasonable attorney fees to the attorney\nrepresenting the prevailing party. The attorney fees shall be taxed as a part of\nthe court costs and payable by the losing party upon a finding by the presiding\njudge that (i) the party charged with the violation has willfully engaged in the\nact or practice with which he was charged or (ii) the party instituting the\naction knew, or should have known, that the action was frivolous and malicious.\n\nC. The provisions of this section shall be in addition to, and shall not impair,\nthe rights of and remedies available to borrowers in mortgage loans otherwise\nprovided by law.\n\nHISTORY: 2001, c. 510, \u00a7 6.1-422.1; 2003, c. 386; 2010, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}