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  • 1.  How Are You Handling Payoff Headaches?

    Posted 7 days ago

    We've been in business since 1988 - and I've learned never to say I've "seen it all."

    Just last week, we had a payoff situation that really highlights how much extra responsibility keeps landing on the title industry's shoulders - often with little support or recourse.

    We closed a file on June 16th but held all seller proceeds because we hadn't received the payoff yet. We were told it would be faxed the next day. When it finally came - dated 6/17 and faxed to us on 6/26 - it was good through 6/30. We verified the payoff wiring instructions through CertifID to guard against fraud, issued the check, and sent it via FedEx. It was signed for on 6/30 - within the "good through" window.

    Then on June 30th - the same day the lender signed for the check - they faxed a new payoff with additional fees and a new "good through" date. Our team saw that the first check was delivered, so the clerk moved on.

    On July 2nd, the lender called to say they'd rejected the original check and demanded an extra $3,000. Thankfully, we still had the seller's remaining proceeds to cover it - but how is this acceptable?

    On page 4 of 7 of the payoff statement, there was some vague language about possible updates - but honestly, who's reading every line of a payoff letter when we're relying on the lender to get this right? It's hard enough to get accurate payoffs in a timely manner, and now we're forced to verify wire instructions through third-party tools to avoid fraud - but even they can't guarantee the actual numbers are correct.

    What are we supposed to do? Hire someone full-time to call and verify every payoff figure - even with signed borrower authorizations? And half the time, lenders still insist the borrower join the call anyway.

    We're already the compliance arm for state tax departments, lien holders, and soon with FinCEN, we'll be part of the policing for money laundering. Are we now also responsible for second-guessing every payoff we receive?

    We do our jobs with integrity and take on enormous risk to protect everyone else - yet we're constantly carrying the liability for other parties' mistakes. Where's our protection? Where's our indemnity?

    I'd love to hear how others are handling situations like this. How are you verifying payoff amounts? What protections (if any) have you put in place to shift or share this burden?

    We all want to do our jobs well, but this is becoming unsustainable - and we need to speak up about it.

    Looking forward to your thoughts and ideas.

     

    Gina A. Curran

     

    Stewart-banner

    President

    Stewart Abstract of Berks County, Inc.

    1100 Berkshire Blvd., Suite 100

    Wyomissing, PA 19610

    PH: 610-372-8201 x115

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  • 2.  RE: How Are You Handling Payoff Headaches?

    Posted 6 days ago

    Hello Gina, 

    Your experience perfectly captures the impossible position our industry finds itself in today - the continued management of risks that are seemingly outside of our control.  Our agency, Sun Title, experienced a similar situation that we are currently sorting out with the lender who rejected a payoff that was received within the "good through" window.  In response, we've started cutting back the "good through" date by several days when we process payoffs. This gives us a cushion when lenders pull exactly what happened to you - issuing revised payoffs or rejecting payments at the eleventh hour. It's not a perfect solution, but it seems to be working in practice. 

    I want to commend you for using CertifID to verify wire instructions. That level of fraud protection is non-negotiable in today's environment, and it shows your commitment to protecting both your agency and your customers from what has become prolific wire fraud targeting payoffs.  It's the biggest risk facing title agents today.  

    As to the broader issue, the title industry is now the last line of defense not just for property rights, but for consumer rights.  There seems to be a tangible shift in the marketplace over the past few years where we are given no grace for mistakes that are made on a closing statement or post close.  All of that said, it dues support the need for us as an industry to continue to fill the void that is left to protect data, land records and funds transfers.  It also provides fodder for why title insurance and escrow services should not be replaced with alternative and non-insured products.

    Thanks for the your courage to share this experience.  It's easy to see you are passionate about your work and the service you provide your clients. 



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    Thomas Cronkright Esq.
    CEO
    Sun Title Agency of Michigan, LLC
    Grand Rapids MI
    +1 (616) 317-4221
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  • 3.  RE: How Are You Handling Payoff Headaches?

    Posted 3 days ago

    I am in year 31 of the title business – if you don't count my high school and college years (family business, of course)!  We've encountered this scenario many times.  I appreciate Tom's comment that there is "no grace for mistakes", but let's be clear, it's often not the title company's mistake yet everyone in the transaction looks to us to fund the loss.  We also cushion the payoffs for this very reason, and, sadly, we've added yet another hold harmless and indemnity document to our closing documents.

     

     

     

    Logo Small.pngAmy Comer Elliott, Attorney-at-Law

    The Abstract & Title Companies

    P.O.Box 207

    Danville, IN  46122

    (317) 745.4300

    [email protected]

    www.abstract-title.com

     




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  • 4.  RE: How Are You Handling Payoff Headaches?

    Posted 3 days ago
    Hi Gina,

    Unfortunately, we go through this from time to time with the lenders.  I will begin with the fact that legally, the lenders are required to honor anything they provide in writing.  I have been caught on this before, many years ago, when I sent off the payoff and the lender accepted it and then came back and would not release.  I've also had foreclosure attorneys add fees between the date the payoff was issued and the "good through" date, and then my payoff was short. 

    That said, there are things we can do to make sure these things do not happen.  Wiring the payoff is usually more efficient, as they have to process the payment quicker.  With a check, depending on what time they receive it, they may not process it until the following day.  The other thing I have done in my practice it is, if we are at the last day of the "good through" date, or if it is a foreclosure, I will call the lender to confirm the amount has not changed.  You can also pad the payoff on the settlement statement, but I can't imagine that I would have known to pad it by $3,000.  That's a little much.

    It is unfortunate that the lenders cannot simply provide a payoff statement and honor it, but this has been a problem since the beginning of time.  And they seem to find new language to put in their payoff statements allowing them to do this.



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  • 5.  RE: How Are You Handling Payoff Headaches?

    Posted 3 days ago

    Thomas really said it all, so I'm just here to show my support and sympathy. As per usual, title agents are left with all the responsibility and smallest paycheck in the transaction. I've never seen a lender reject a payoff within the good through window and issue a revised payoff after receiving funds! I truly hope this is a one off and not becoming common practice, because you're right, there is really very little you can do to protect against that. You were very fortunate that there were seller proceeds and that you were still in possession of them. That's a rare situation.

    Could you imagine the havoc it would cause to the entire market if it became commonplace to hold seller proceeds until after the payoff was received and credited to the account? The housing marketing would come to a screeching halt.



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    Stay Wicked my Friends,
    Cheryl Evans
    Executive Director: Wicked Title Forum
    Publication & Online Business Support Community for the Title Industry
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