North Carolina § 45-36 - 8. Understated payoff statement or short-pay statement: correction; effect.

§ 45-36. 8. Understated payoff statement or short-pay statement: correction; effect.

If a secured creditor determines that the payoff amount it provided in a payoff statement or the short-pay amount it provided in a short-pay statement was understated, the creditor may send a corrected payoff or short-pay statement. If the entitled person or the person's authorized agent receives and has a reasonable opportunity to act upon a corrected payoff statement or short-pay statement before making payment, the corrected statement supersedes an earlier statement. A secured creditor that sends a payoff statement containing an understated payoff amount or a short-pay statement containing an understated short-pay amount may not deny the accuracy of the payoff amount or short-pay amount as against any person that reasonably and detrimentally relies upon the understated payoff amount or short-pay amount. This Article does not: Affect the right of a secured creditor to recover any sum that it did not include in a payoff amount or a short-pay amount from any person liable for payment of the secured obligation; or Limit any claim or defense that a person liable for payment of a secured obligation may have under law other than this Article. History (2005-123, s. 1; 2011-312, s. 7.) Effect of Amendments. - Session Laws 2011-312, s. 7, effective October 1, 2011, in the section catchline, substituted "payoff statement or short-pay statement" for "payoff statement"; in subsection (a), in the first sentence, inserted "or the short-pay amount it provided in a short-pay statement" and substituted "payoff or short-pay statement" for "payoff statement," and in the last sentence, inserted "or short-pay statement"; in subsection (b), inserted "or a short-pay statement containing an understated short-pay amount" and twice added "or short-pay amount"; and in subdivision (c)(1), inserted "or a short-pay amount."