71-1-310. Liability of title insurer or title insurance producer. A title insurer or title insurance producer who reconveys a trust indenture is liable to the beneficiary for damages suffered by the beneficiary as a result of the reconveyance if:
(1) the obligation secured by the trust indenture is not fully paid;
(2) the title insurer or title insurance producer failed to comply with the provisions of 71-1-308; or
(3) the title insurer or title insurance producer acted with gross negligence or in bad faith in reconveying the trust indenture.
History: En. Sec. 4, Ch. 413, L. 2005.
Structure Montana Code Annotated
Title 71. Mortgages, Pledges, and Liens
71-1-304. Trust indentures authorized -- power of sale for breach in trustee
71-1-305. Trust indenture considered to be mortgage on real property
71-1-306. Qualifications of trustee -- successor trustee
71-1-307. Reconveyance upon performance -- liability for failure to reconvey
71-1-308. Reconveyance of trust indenture -- forms -- objections to reconveyance
71-1-309. Objection to reconveyance
71-1-310. Liability of title insurer or title insurance producer
71-1-311. Time for foreclosure same as mortgage
71-1-312. Discontinuance of foreclosure proceedings when entire amount of default paid
71-1-313. Conditions for foreclosure by advertisement and sale
71-1-314. Requests for copies of notice of sale
71-1-315. Notice -- sale -- payment
71-1-316. Disposition of proceeds of sale -- notice -- surplus funds -- attorney fees
71-1-317. Deficiency judgment not allowed