| (3) Courier service. For payoff statements delivered
by courier service, a dated receipt indicating that the payoff statement
was successfully delivered to the mailing address provided in the
request will constitute verification of delivery.
(4) Fax. For payoff statements delivered via facsimile,
a dated fax confirmation page indicating that the payoff statement
was successfully transmitted to the fax number provided in the request
will constitute a rebuttable presumption for sufficient delivery.
(5) E-mail. For payoff statements delivered via e-mail,
a dated reply e-mail indicating that the payoff statement was successfully
delivered to the e-mail address provided in the request will constitute
verification of delivery.
(k) Deficient request. If the request does not contain
an element required by §89.801(b) of this title, or if the request
contains a material mistake in a required element, then the property
tax lender is not required to send a payoff statement under this section.
However, the property tax lender must notify the requestor in writing
that the request is deficient. The property tax lender must send this
notification within two business days of discovery that the request
is deficient, and within seven business days of receiving the request.
A property tax lender is not required to provide this notification
if the request provides no valid method of communicating with the
requestor in writing.
(l) Payoff statement returned undeliverable. If a property
tax lender attempts delivery of the payoff statement by the method
specified in the request, and the payoff statement is returned undeliverable,
then the property tax lender must notify the requestor in writing
that the payoff statement was returned undeliverable within two business
days of discovery that the payoff statement was returned undeliverable.
A property tax lender is not required to provide this notification
if:
(1) the request provides no valid method of communicating
with the requestor in writing; or
(2) the property tax lender delivers the payoff statement
by a different method to which the requestor agrees.
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