Lender Demands Payoff 3 Weeks After Closing

Lender Demands Payoff 3 Weeks After Closing

Member since 2018 · 5 posts · 2 votes

Hello everyone,

A client closed on a cash-out refi on 12/26/23 and we received the final settlement statement that morning. The lender's payoff amount was good through 12/31/23. He used a hard money loan for partial purchase price and rehab. The funds for the repairs were provided in the form of reimbursement. The last rehab reimbursement wire from the lender was sent to him on 12/21/23. Naturally, we reviewed the settlement statement before and at closing and everything seemed to be in order. Today he received a demand payoff letter from the lender saying there's a balance due for the amount of the last rehab reimbursement to release the lien on the property. Apparently the lender did not calculate that amount in the settlement statement even though it was wired to my client a week before closing. 


In the 15 years I've been investing myself and working with investor clients I've never experienced this situation. Can the lender come back 3 weeks after closing and demand more money than they asked for on the settlement statement? 

I thank you in advance for your input.

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  • Jason WrayPro Member
    Banker · Nationwide · Member since 2020 · 2k+ posts · 1k+ votes
    2y

    Latoya,

    Most banks require a payoff good for 30 days at closing and some will allow you to use the "Per diem" to calculate the days if a 30 day payoff is short. The problem the client has is they were aware of the reimbursement and the loan officer/banker/title company could show they are at fault for not disclosing the final reimbursement payment since the payoff was ordered prior to the fund received.

    Although the bank/title company order and prepare documentation and stride for accuracy they also have a mutual line that requires full transparency. When it comes to renovation loans/hard money and either disbursement payments or fund phases its a communication element. It could be stated the borrower knew funds would be received late in the process and did not disclose that information.

    Sounds like it was a simple mistake were the borrower "Assumed" the bank was doing its job and did not communicate in detail the funds being reimbursed a week before closing. Regardless of the issue/mistake the bank is owed money and the borrower is legally required to resolve to clear/release lien so they can fund and file book and page.

    I would advise your client to not argue or delay this to avoid interest and additional fee's and figure out a payoff and resolve quickly.

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