Sec. 16. (a) The execution and recording of a wrongful or erroneous certificate of release by a title insurance company or a duly appointed agent with authority from a title insurance company does not relieve the mortgagor, or anyone succeeding to or assuming the interest of the mortgagor, from any liability for the debt or other obligations secured by the mortgage that is the subject of the wrongful or erroneous certificate of release.
(b) Additionally, a title insurance company or an appointed agent with authority from a title insurance company that wrongfully or erroneously executes and records a certificate of release is liable to the mortgagee, or the assignee of the mortgagee if the mortgage has been assigned, for actual damages sustained due to the recording of a wrongful or erroneous certificate of release.
[Pre-2002 Recodification Citation: 32-8-15.5-16.]
As added by P.L.2-2002, SEC.14.
Structure Indiana Code
Chapter 6. Mortgage Release by Title Insurance Companies
32-29-6-3. "Mortgage Servicer"
32-29-6-8. "Title Insurance Company"
32-29-6-9. Certificate of Release
32-29-6-10. Certificate of Release; Contents
32-29-6-11. Certificate of Release; Execution and Acknowledgment
32-29-6-12. Notice of Authorization
32-29-6-13. Misstatement in Written Payoff Statement
32-29-6-14. Acceptance of Payment
32-29-6-15. Release of Mortgage