(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
(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.
(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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