Document of rescission: effect; liability for wrongful recording

28 V.I.C. § 141c — under Definitions and General Provisions.

28 V.I.C. § 141c

(a) In this section, “document of rescission” means a document stating that an identified satisfaction or affidavit of satisfaction of a security instrument was recorded erroneously, the secured obligation remains unsatisfied, and the security instrument remains in force.

(b) If a person records a satisfaction or affidavit of satisfaction of a security instrument in error, the person may execute and record a document of rescission. Upon recording, the document rescinds an erroneously recorded satisfaction or affidavit.

(c) A recorded document of rescission has no effect on the rights of a person that:(1) acquired an interest in the real property described in a security instrument after the recording of the satisfaction or affidavit of satisfaction of the security instrument and before the recording of the document of rescission; and(2) would otherwise have priority over or take free of the lien created by the security instrument under the Office of the Lieutenant Governor, Division of the Recorder of Deeds.

(1) acquired an interest in the real property described in a security instrument after the recording of the satisfaction or affidavit of satisfaction of the security instrument and before the recording of the document of rescission; and

(2) would otherwise have priority over or take free of the lien created by the security instrument under the Office of the Lieutenant Governor, Division of the Recorder of Deeds.

(d) A person that erroneously or wrongfully records a document of rescission is liable to any person injured thereby for the actual damages caused by the recording and reasonable attorney’s fees and costs.