                                 CODE OF VIRGINIA

ENFORCEMENT OF PROHIBITIONS ON CERTAIN PRACTICES; RECOVERY OF ATTORNEY FEES (§
6.2-1628)

A. 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.

B. 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.

C. 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.

HISTORY: 2001, c. 510, § 6.1-422.1; 2003, c. 386; 2010, c. 794.