§ 45-36.19. Liability of satisfaction agent. - North Carolina Statutes

§ 45‑36.19.  Liabilityof satisfaction agent.

(a)        Except as otherwiseprovided in subsection (b) of this section, a satisfaction agent or any personpurporting to be a satisfaction agent that records or submits for recording anaffidavit of satisfaction of a security instrument erroneously or withknowledge that the statements contained in the affidavit are false is liable tothe secured creditor for any actual damages caused by the recording andreasonable attorneys' fees and costs.

(b)        A satisfaction agentthat records or submits for recording an affidavit of satisfaction of asecurity instrument erroneously is not liable if the agent properly compliedwith this Article and the secured creditor did not respond in a timely mannerto the notification pursuant to G.S. 45‑36.14(a)(5).

(c)        If a satisfactionagent or any person purporting to be a satisfaction agent records or submitsfor recording an affidavit of satisfaction of a security instrument withknowledge that the statements contained in the affidavit are false, thissection does not preclude any of the following:

(1)        A court fromawarding punitive damages on account of the conduct.

(2)        The secured creditorfrom proceeding against the satisfaction agent or person purporting to be asatisfaction agent under law of this State other than this Article.

(3)        The enforcement ofany criminal statute prohibiting the conduct. (2005‑123, s. 1.)