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N.C. Gen. Stat. § 45-36.8

Understated payoff statement or short-pay statement: correction; effect

Applied in 2 court decisions — leading case 306 Ga. App. 451 - Trey Inman & Associates, P.C. v. Bank of America, N.A. (2010)

Most recently applied in 306 Ga. App. 451 - Trey Inman & Associates, P.C. v. Bank of America, N.A. (October 2010)

2005-123, s. 1; 2011-312, s. 7.

(a) 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.

(b) 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.

(c) This Article does not:

(1) 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

(2) Limit any claim or defense that a person liable for payment of a secured obligation may have under law other than this Article.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.