§ 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.)