The payoff demand calculation runs in defined steps, and each step ties to a specific record in the loan file. The workflow below is the procedure a holder runs from the borrower payoff request through the demand delivery and the closing-out file.

Step 1 — Log the borrower payoff request

Capture the borrower request in writing — email, fax, or recorded phone call documented in the file. Log the request date because the §1026.36(c)(3) seven-business-day clock starts on receipt. Confirm the requester is the borrower of record or an authorized party (closing attorney, refinance lender) and capture the through-date the borrower or closing agent specifies.

Step 2 — Pull the current principal balance from the sub-ledger

The current principal balance is the unpaid principal as of the last paid-through date on the borrower sub-ledger. Confirm the most recent payment posted correctly — principal, interest, escrow, and any fees applied per the note. The sub-ledger entry as of the last paid-through date is the authoritative figure.

Step 3 — Calculate accrued interest to the payoff date

Read the note for the day-count convention. On a 30/360 convention, the per-diem is principal multiplied by the note rate divided by 360. On an actual/365 convention, the per-diem is principal multiplied by the note rate divided by 365 applied to actual elapsed days. Multiply the per-diem by the days from the day after the last paid-through date through the stated payoff date. The result is the accrued interest component.

Step 4 — Run the final §1024.17 escrow analysis

On a loan with escrow, run a final analysis from the last analysis date through the payoff date. The analysis identifies the borrower-side balance — surplus or shortage — as of the payoff date. Document the disposition: borrower authorization to apply the surplus to the payoff, refund at the closing table through the title company, or post-closing check from the holder.

Step 5 — Add unpaid charges and fees

List the unpaid late fees, NSF fees, and any other charges the note authorizes that the borrower has not paid through the payoff date. Each charge ties to a specific entry on the sub-ledger or to a borrower notice. Charges without an underlying record drop out of the demand.

Step 6 — Add the lien release recording fee

Identify the jurisdiction-specific recording fee for the lien release or reconveyance document. Add any servicer release-preparation fee the note authorizes. The fee runs as a line item on the demand and reaches the closing table as part of the wire instruction.

Step 7 — Sum the components and verify

Sum the principal balance, the accrued interest, the escrow disposition (net), the unpaid charges, and the recording fee. Verify the math twice — once against the workpaper, once against the borrower sub-ledger. The sum is the demand amount on the stated payoff date.

Step 8 — Issue the demand statement

Produce a written statement with the borrower name and loan number, the property address, the through-date, the five components broken out, the wire instructions or check payee, and a re-issuance contact for an updated demand. Deliver inside the seven-business-day window §1026.36(c)(3) requires and inside any tighter state window that applies.

Step 9 — Receive the funds and post the payoff entry

Confirm the wire amount matches the demand. Post the payoff to the sub-ledger as a single entry that zeros the principal, books the accrued interest received, disposes of the escrow per the documented disposition, and clears the unpaid charges. The sub-ledger ends with a zero principal balance on the payoff date.

Step 10 — Record the lien release and build the closing-out file

Execute the lien release or reconveyance and record the document in the property jurisdiction. Build the closing-out file: the demand statement, the wire receipt, the final sub-ledger, the final §1024.17 analysis, the recorded lien release, and the borrower payoff completion notice. Retain the file per the §1024.38(c) retention rule.

Step 11 — File the final Form 1098 in January

In January of the year following the payoff, produce the Form 1098 for the borrower-paid mortgage interest from January 1 of the payoff year through the payoff date. Deliver to the borrower at the last known address by January 31. File the IRS transmittal on the standard schedule.

Frequently Asked Questions

What if the borrower requests a payoff figure good through a date months out?

The demand binds the holder for the through-date the holder selects. A holder responding to a borrower request for a distant through-date can issue the demand at a tight through-date and reissue closer to the closing, or can issue the demand at the borrower’s requested date with the per-diem accrual running to that date.

How does a payoff demand differ from an estoppel letter?

An estoppel letter confirms loan terms and the current balance at a stated date without binding the holder to a wire amount on a future closing date. A payoff demand is the binding wire-amount statement for a stated payoff date. A closing attorney requests both at different points in the transaction.

Who signs the lien release on a seller-carry note?

The current beneficiary of record signs the release. On a seller-carry note, the original carry holder signs unless the note has been assigned — in which case the assignee of record signs. The signature runs through the property jurisdiction’s recording requirements.

The procedures above describe the operational workflow on a seller-carry payoff demand. Federal §1026.36(c)(3) compliance, state servicer-conduct duties, and the §1024.17 escrow analysis framework carry case-specific consequences. Consult qualified legal counsel on the requirements that apply to any specific seller-carry payoff matter.

Sources

Related Topics