35-10-98
Section 35-10-98 Liability. (a) Except as otherwise provided in subsection (b), a satisfaction
agent or any other person who executes an affidavit of satisfaction of a security instrument
erroneously or as a result of negligence or non-compliance with this article is liable to
the secured creditor for any actual economic damages caused by the recording of the satisfaction.
(b) This article does not apply to the liability of a satisfaction agent who executes an affidavit
of satisfaction of a security instrument erroneously as a result of wantonness, recklessness,
or deliberate misconduct, nor does this article apply to the liability of a person other than
a satisfaction agent who erroneously executes an affidavit of satisfaction. (Act 2012-278,
p. 554, §9.)...
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35-10-96
Section 35-10-96 Affidavit of satisfaction requirements. An affidavit of satisfaction of a
security instrument must do all of the following: (1) Identify the original parties to the
security instrument, the secured creditor, and the recording data for the security instrument.
(2) State the basis upon which the person signing the affidavit is a satisfaction agent including,
without limitation, that the person signing the affidavit is authorized to sign on behalf
of, and to bind, the insurance company acting as satisfaction agent. (3) State that the person
signing the affidavit has determined that the real property described in the security instrument
is residential real property or was residential real property at the time the security instrument
was made. (4) State that the person signing the affidavit determined that the secured creditor
has received full payment or performance of the secured obligation and, if the security instrument
is an equity line security instrument, that the...
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35-10-97
Section 35-10-97 Effect of recording affidavit. (a) Upon recording, an affidavit complying
with the requirements of this article constitutes a termination of the security interest described
in the affidavit. (b) The recording of an affidavit of satisfaction of a security instrument
does not extinguish, offset, or otherwise affect any responsibility or liability of a person
for payment or performance of the debt or other obligation secured by the security instrument.
(Act 2012-278, p. 554, §8.)...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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35-10-95
Section 35-10-95 Conditions for satisfaction agent to sign and submit affidavit for recording.
(a) Subject to subsections (b) and (c), a satisfaction agent may sign and submit for recording
an affidavit of satisfaction of a security instrument complying with this article if either
of the following occurs: (1) There does not appear of record a satisfaction of a security
instrument within 30 days after the receipt by the secured creditor of the notification. (2)
The secured creditor authorizes the satisfaction agent to do so. (b) A satisfaction agent
may not sign and submit for recording an affidavit of satisfaction of a security instrument
if it has received a notification stating that the secured obligation remains unsatisfied
or information that the security instrument has been assigned. (c) If a satisfaction agent
receives information that the security instrument has been assigned, the satisfaction agent
may not submit for recording an affidavit of satisfaction of the security...
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35-10-94
Section 35-10-94 Notification by satisfaction agent to secured creditor. (a) If a secured creditor
has not submitted for recording a satisfaction of a security instrument within the time set
forth in Section 35-10-92 after full and complete payment of all indebtedness secured by the
security instrument, a satisfaction agent acting for and with authority from the mortgagors
may give the secured creditor a notification that the satisfaction agent intends to submit
for recording an affidavit of satisfaction of the security instrument. The notification must
include all of the following: (1) The identity and mailing address of the satisfaction agent.
(2) Identification of the security instrument for which a recorded satisfaction is sought,
including the names of the original parties to, and the recording data for, the security instrument.
(3) A statement that the satisfaction agent has determined all of the following: a. That the
real property described in the security instrument is...
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35-10-92
Section 35-10-92 Submission of a satisfaction of a security instrument for recording. (a) A
secured creditor shall submit for recording a satisfaction of a security instrument within
30 days after the creditor receives full payment and performance of the secured obligation,
and the secured creditor has no obligation to make advances, incur obligations, or otherwise
give value under any agreement. Equity line security instruments are fully paid and performed
only if, in addition to full payment and performance, the equity line previously has been
closed pursuant to the request of the entitled person or the entitled person's authorized
agent or otherwise closed as provided by law and all secured obligations have been paid in
full. (b) Notwithstanding anything to the contrary in this article, any notification demanding
satisfaction of the security instrument must be sent to the secured creditor's address by
a method that also provides proof of receipt by the secured creditor. (c) A...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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15-13-160
Section 15-13-160 Qualifications - Professional bail companies. No professional bail company
shall execute or become surety on any appearance bond in this state, unless it has an order
granting authorization to become professional surety on any bail. The order granting authorization
shall be reissued annually prior to January 1 of each year by the presiding circuit judge
of the county in which the company desires to execute bail or appearance bonds. Prior to the
judge's issuance of the original order and no later than December 1 of each year, thereafter,
professional bail companies shall submit annually to the presiding circuit judge the following:
(1) An original corporate surety bond or escrow agreement, filed and approved by the presiding
circuit judge of the county in which the professional bail company executes or becomes surety
on appearance bonds, in the amount of $25,000, guaranteeing the payment of all sums of money
that may become due by virtue of any judgment absolute that...
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