45-36.19. Liability of satisfaction agent.
(a) Except as otherwise provided in subsection (b) of this section, a satisfaction agent or any person purporting to be a satisfaction agent that records or submits for recording an affidavit of satisfaction of a security instrument erroneously or with knowledge that the statements contained in the affidavit are false is liable to the secured creditor for any actual damages caused by the recording and reasonable attorneys' fees and costs.
(b) A satisfaction agent that records or submits for recording an affidavit of satisfaction of a security instrument erroneously is not liable if the agent properly complied with this Article, gave notification to the secured creditor in the manner prescribed by G.S. 45-36.14, and the secured creditor did not respond in a timely manner to the notification pursuant to G.S. 45-36.14(a)(5).
(c) If a satisfaction agent or any person purporting to be a satisfaction agent records or submits for recording an affidavit of satisfaction of a security instrument with knowledge that the statements contained in the affidavit are false, this section does not preclude any of the following:
(1) A court from awarding punitive damages on account of the conduct.
(2) The secured creditor from proceeding against the satisfaction agent or person purporting to be a satisfaction agent under law of this State other than this Article.
(3) The enforcement of any criminal statute prohibiting the conduct. (2005-123, s. 1; 2013-204, s. 2.7.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
§ 45-36.2 - Obligation of good faith.
§ 45-36.5 - Notificationmanner of giving and effective date.
§ 45-36.6 - Document of rescissioneffect; liability for wrongful recording.
§ 45-36.7 - Payoff and short-pay statements; request and content.
§ 45-36.7A - Credit suspension directives.
§ 45-36.8 - Understated payoff statement or short-pay statementcorrection; effect.
§ 45-36.9 - Secured creditor to submit satisfaction or release for recording; liability for failure.
§ 45-36.10 - Content and effect of satisfaction.
§ 45-36.11 - Satisfactionform.
§ 45-36.12 - Limitation of secured creditor's liability.
§ 45-36.13 - Eligibility to serve as satisfaction agent.
§ 45-36.14 - Affidavit of satisfactionnotification to secured creditor.
§ 45-36.15 - Affidavit of satisfactionauthorization to submit for recording.
§ 45-36.16 - Affidavit of satisfactioncontent.
§ 45-36.17 - Affidavit of satisfactionform.
§ 45-36.18 - Affidavit of satisfactioneffect.
§ 45-36.19 - Liability of satisfaction agent.
§ 45-36.20 - Trustee's satisfaction of deed of trustcontent and effect.
§ 45-36.21 - Trustee's satisfaction of deed of trustform.
§ 45-36.22 - Partial releasecontent and effect; form.
§ 45-36.23 - Obligation releasecontent and effect.
§ 45-36.24 - Expiration of lien of security instrument.
§ 45-37 - Satisfaction of record of security instruments.
§ 45-37.2 - Indexing satisfactions and other documents relating to security instruments.
§ 45-38 - Recording of foreclosure.
§ 45-41 - Recorded deed of release of mortgagee's representative.
§ 45-42 - Satisfaction of corporate mortgages by corporate officers.
§ 45-42.1 - Corporate cancellation of lost mortgages by register of deeds.
§ 45-42.3 - Automatic release of real property from ancillary security instruments.