51-9-12. Civil cause of action for the recording of fraudulent or forged deeds or other instruments.

In addition to any other remedy that may be available at law or in equity, the owner of any real property may bring an action against an individual who has knowingly filed, entered, or recorded, or caused to be filed, entered, or recorded, in any public record a false or forged deed or other instrument purporting to convey the owner’s interest to such real property to such individual or a third party or purporting to encumber the owner’s interest in such real property to:#

1. (1)

   Recover the owner’s actual damages caused by the filing, entering, or recording of such false or forged deed or other instrument or $5,000.00, whichever is greater; and#

2. (2)

   Recover the owner’s costs incurred in bringing such action, including reasonable attorney’s fees.#

Nothing in this Code section shall be construed as creating a cause of action against any public official or employee, including, without limitation, a clerk of the superior court or any employee or agent of a clerk of the superior court, for actions taken in the performance of his or her duties.#