(a) Except as otherwise provided in subsection (b), a satisfaction agent that records 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 attorney’s fees and costs.
(b) A satisfaction agent that records an affidavit of satisfaction of a security instrument erroneously is not liable if the agent properly complied with this article and the secured creditor did not respond in a timely manner to the notification pursuant to section 143a(a)(5).
(c) If a satisfaction agent records an affidavit of satisfaction of a security instrument with knowledge that the statements contained in the affidavit are false, this section does not preclude:(1) a court from awarding punitive damages on account of the conduct;(2) the secured creditor from proceeding against the satisfaction agent under law of this state other than this chapter; or(3) the enforcement of any criminal statute prohibiting the conduct.
(1) a court from awarding punitive damages on account of the conduct;
(2) the secured creditor from proceeding against the satisfaction agent under law of this state other than this chapter; or
(3) the enforcement of any criminal statute prohibiting the conduct.