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How Are You Handling Payoff Headaches?

  • 1.  How Are You Handling Payoff Headaches?

    Posted 07-03-2025 11:43

    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

    Fax: 610-372-8237

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

    Posted 07-04-2025 07:52

    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. 



    ------------------------------
    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 07-07-2025 08:50

    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 07-07-2025 10:57
    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 07-07-2025 11:12

    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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    [email protected]
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  • 6.  RE: How Are You Handling Payoff Headaches?

    Posted 07-14-2025 11:59

    Hi All - These are some crazy times that we are living in.  I have been doing Title for over 35 years, and I can honestly say that I never thought it would get like this.  We have had lender reject payoff in the good-through window, due to payouts from escrow for Insurance or taxes.  Thankfully, most lenders do have their wire instructions posted in a separate link on their website...... but what if their website has been hacked?  Ugh!!  The life we choose. :-)



    ------------------------------
    Dee Harrison
    President
    Alpha Reliable Title, Inc
    Orlando FL
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  • 7.  RE: How Are You Handling Payoff Headaches?

    Posted 07-11-2025 09:28

    My understanding of the title industry is quite limited; however, I have observed the significant burden that falls upon you, even when it is not your responsibility. I hold immense respect for all of you working in this field.



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    Mary Enzi CAA
    Tax Solutions – FIRPTA Consulting
    [email protected]
    +1 (281) 578-1040
    Office Manager
    Katy TX
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  • 8.  RE: How Are You Handling Payoff Headaches?

    Posted 07-14-2025 09:38

         Several states, including Florida and Wisconsin, have enacted legislation to attempt to combat this practice of rejecting payoffs that meet all the requirements of the lender's estoppel letter.  Florida's statute states that a lender must honor the payoff and provide the release except when a timely amended payoff letter is sent ("timely" means no later than 3:00 pm local time one business day prior to the payment being made in reliance on the original estoppel letter).  In addition, it also states that if a payoff is short, the lender must apply the payment as a paydown of principal.  This helps prevent the accrual of interest on the full balance while the shortfall is handled.  You can find our payoff/release statute (Section 701.04, F.S.) here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0701/Sections/0701.04.html.     

         There is an exception in Florida's statute for mortgages that are in foreclosure and for which a notice of lis pendens has been filed (we do not have non-judicial foreclosure in Florida).  In that situation, because attorneys fees can accrue and additional payments, such as for hazard insurance and taxes are more likely to have to be paid by the lender, I think it is important to check with both the lender and the foreclosure attorney to make sure they are on the same page.  The foreclosure attorney is the one that is going to have to dismiss the foreclosure and release the lis pendens, which may generate additional attorney's fees and costs.  If the lender has not been advised of additional costs or the foreclosure attorney only sends an itemization of fees and costs once a month, the lender may not have taken these fees and costs into account when providing the estoppel letter.  

         Perhaps talk with others in your state's land title association to see if your state would benefit from this kind of legislation if you don't already have it.



    ------------------------------
    Laura Licastro
    Underwriting Counsel
    Westcor Land Title Insurance Company
    Maitland FL
    +1 (407) 629-5842
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  • 9.  RE: How Are You Handling Payoff Headaches?

    Posted 07-14-2025 10:57

    I appreciate all the comments in this thread.  I am pleased to have this forum in which we can discuss such issues.  As Mary Enzi said "there is a significant burden that falls upon us", and I am happy to shoulder that burden, as long as it is fair.  We are in business to provide a valuable service and to make money providing that service, but we cannot be left holding the bag for everyone else and their mistakes.  Thomas Cronkright was spot on with his comment that, "it provided fodder for why the title insurance and escrow services should not be replaced with alternative and non-insured products."   Could you imagine that mess! 

     

    Thank you all for your support and I appreciate the opportunity to speak out and to hear your comments. 

     

    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

    Fax: 610-372-8237

    This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

     

    Stewart Abstract of Berks County, Inc., 1100 Berkshire Blvd., Ste 100, Wyomissing, PA  19610, USA, www.stewartabstract.com

     

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

    Posted 07-15-2025 10:15

    So much for the whole idea of "Estoppel"!  I guess it should be called a "Suggestion" letter instead!



    ------------------------------
    J. Rawleigh Simmons
    Manager
    River Title & Escrow, LLC
    Warsaw VA
    +1 (804) 333-0195
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  • 11.  RE: How Are You Handling Payoff Headaches?

    Posted 08-20-2025 22:57
    In Pennsylvania, Title professionals are entitled to rely on that payoff for closing. The lender can’t later demand more if payment is made on or before the expiration date—unless they’ve sent a corrected payoff in writing before settlement.
     
     
    (d)  Effect of payoff statement.--Any settlement officer or
        21  attorney providing closing and settlement services for a real
        22  estate transaction shall be entitled to reasonably rely on the
        23  amounts that are set forth in a payoff statement issued by the
        24  mortgagee in accordance with this act for the time frame set
        25  forth therein and shall not be liable to the mortgagee for any
        26  underpayment unless a written corrective amendment is received
        27  by such person prior to the closing of the transaction.
    I've written a more thorough legislative round up covering several states here, if you're interested.


    ------------------------------
    Stay Wicked my Friends,
    Cheryl Evans
    Executive Director: Wicked Title Forum
    Publication & Online Business Support Community for the Title Industry
    https://wickedtitleforum.com
    [email protected]
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