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2012 SESSION

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12101264D
HOUSE BILL NO. 821 Offered January 11, 2012 Prefiled January 11, 2012 A BILL to amend the Code of Virginia by adding a section numbered 55-59.5, relating to wrongful foreclosure; civil action. ---------- Patron-- Marshall, R.G. ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 55-59.5 as follows:

§ 55-59.5. Wrongful foreclosure; civil action.

The owner of any residential real property may maintain a civil action against any person who wrongfully asserts that he is, or has the authority to act as, the holder of the obligation secured by a deed of trust or mortgage on such property and who initiates any foreclosure proceeding upon such property. If a court determines that the person who wrongfully asserts that he is, or has the authority to act as, the holder of the obligation secured by a deed of trust or mortgage has wrongfully foreclosed upon such property, then the owner is entitled to recover actual damages incurred as a result of the wrongful foreclosure, in addition to reasonable attorney fees and costs.