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A beneficiary misses the reconveyance deadlines and the borrower, who lost a sale worth $9,000 in costs, sues. What damages and statutory forfeiture may the affected borrower seek under section 2941?

Correct Answer

D) Damages sustained, plus a forfeiture of $500 to the person affected

A violation makes the violator liable for all damages the person sustains and requires forfeiture of $500 to that person, so the two run together. Other choices: the $500 is fixed in the section; damages are not excluded by it; and treble damages are not the remedy here. Source: Cal. Civ. Code § 2941(d)

Answer Options
A
Treble damages, which is the remedy California applies to title defects
B
Damages sustained only, since the section sets no fixed penalty amount
C
A forfeiture of $500 only, with actual damages expressly excluded
D
Damages sustained, plus a forfeiture of $500 to the person affected

Why This Is the Correct Answer

A violation makes the violator liable for all damages the person sustains and requires forfeiture of $500 to that person, so the two run together. Other choices: the $500 is fixed in the section; damages are not excluded by it; and treble damages are not the remedy here. Source: Cal. Civ. Code § 2941(d)

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