A title insurer or title agent purporting to act under the provisions of Section 57-1-40 who reconveys a trust deed or releases a mortgage is liable to the beneficiary or mortgagee for the damages suffered as a result of the reconveyance if: (1) the obligation secured by the trust deed or mortgage: (a) has not been fully paid; or (b) has not been partially paid in an amount agreed to by the beneficiary, mortgagee, or servicer as sufficient to release the mortgage or reconvey the trust deed; and (2) (a) the title insurer or title agent failed to comply with the provisions of Sections 57-1-40 and 57-1-41; or (b) the title insurer or title agent acted with gross negligence or in bad faith in reconveying the trust deed.
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