Legal Question in Real Estate Law in Maryland

Amounts of Payoff different on my deed of trust verse land of records?

I recently had to aquire a new deed, having misplaced mine. Upn reviewing the deed of trust the County Recorders office provided me, and the paperwork(i.e. note, settlement statement, everything I have in connection to this refinance) the amount stated as the payoff to the original loan company filed with the Land of records and the amount stated on my paperwork differs by over $3000. Of course my paperwork has the higher amount, Ive also noted several other charges, like a transfer charge (mortgage), but it has zero as the amount on the paperwork i received from the county. There are multiple ''charges'' that weren't filed with the land of records, HUD1 form. I also noted not only were there title insurance charges but also another fee for titls examination by an employee of the same title company, which this house was new, never occupied before, we paid for this title insurance thru the 1st lender(it was much cheaper the 1st time) then refinanced, so why would it cost more the second time and have this examination fee? Also it says everything was notarized, in front of some notary-and a settlement was done at the title company-neither is true, it was all done at my home with just the loan originator-not lender. Is any of this ok?


Asked on 12/10/08, 3:17 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Amounts of Payoff different on my deed of trust verse land of records?

First of all, the recorder's office shouldn't have had your settlement statement (HUD-1), note, etc.--they would only have the deed to the property and any deeds of trust (mortgages) that were put on record. When you refinanced, the title company or attorney who conducted that settlement would have obtained a payoff statement from the lender you were paying off. That statement would have included the principal balance then due, interest from the last payment through whatever the settlement date was, and a daily interest add on figure because they collect interest right up to the date they receive the payoff amount, which can be a few days or even a week after the settlement. In addition, there might be other unpaid fees, such as accrued late fees.

Whenever you refinance, a new title exam must be conducted, although it can start from where the last one left off, so it's usually cheaper then a "full" exam. Also, although you bought title insurance when you acquired the property, the new lender requires you to put a new policy into place naming it as the insured--that's called lender's title insurance. Your owner's policy stays intact and you should not have paid anything additional for that as part of the refinance. The cost of the lender's refinance policy should have been at a discount from the original lender's policy, but all this depends on how long ago you bought the property and what the current mortgage balance was. You should the title company to explain how they came up with the premium for that policy.

As to your "notary" issue, it's common that these are done at the residence, but usually the person who comes to your home is a notary and performs that function while you are signing. In any event, you did sign the forms.

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Answered on 12/10/08, 10:48 am


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