45-36.8. Understated payoff statement or short-pay statement: correction; effect.
(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. (2005-123, s. 1; 2011-312, s. 7.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
§ 45-36.2 - Obligation of good faith.
§ 45-36.5 - Notificationmanner of giving and effective date.
§ 45-36.6 - Document of rescissioneffect; liability for wrongful recording.
§ 45-36.7 - Payoff and short-pay statements; request and content.
§ 45-36.7A - Credit suspension directives.
§ 45-36.8 - Understated payoff statement or short-pay statementcorrection; effect.
§ 45-36.9 - Secured creditor to submit satisfaction or release for recording; liability for failure.
§ 45-36.10 - Content and effect of satisfaction.
§ 45-36.11 - Satisfactionform.
§ 45-36.12 - Limitation of secured creditor's liability.
§ 45-36.13 - Eligibility to serve as satisfaction agent.
§ 45-36.14 - Affidavit of satisfactionnotification to secured creditor.
§ 45-36.15 - Affidavit of satisfactionauthorization to submit for recording.
§ 45-36.16 - Affidavit of satisfactioncontent.
§ 45-36.17 - Affidavit of satisfactionform.
§ 45-36.18 - Affidavit of satisfactioneffect.
§ 45-36.19 - Liability of satisfaction agent.
§ 45-36.20 - Trustee's satisfaction of deed of trustcontent and effect.
§ 45-36.21 - Trustee's satisfaction of deed of trustform.
§ 45-36.22 - Partial releasecontent and effect; form.
§ 45-36.23 - Obligation releasecontent and effect.
§ 45-36.24 - Expiration of lien of security instrument.
§ 45-37 - Satisfaction of record of security instruments.
§ 45-37.2 - Indexing satisfactions and other documents relating to security instruments.
§ 45-38 - Recording of foreclosure.
§ 45-41 - Recorded deed of release of mortgagee's representative.
§ 45-42 - Satisfaction of corporate mortgages by corporate officers.
§ 45-42.1 - Corporate cancellation of lost mortgages by register of deeds.
§ 45-42.3 - Automatic release of real property from ancillary security instruments.