Legal Help - Problem with Seller Finance Payoff

[Luke Stone]

Hello,

I recently paid off a seller financed purchase note with a long term mortgage with a conventional lender. 

***Quick note: This is in Texas and the promissory note documents are very barebones***

So this was not the easiest refinance mostly because the seller was difficult to work with. I originally thought I was going to be able to complete the refinance prior to the note maturing and therefore did execute a one year option to extend. By the time I realized the loan was not going to close on time, the date required to execute the extension had past. The private lender agreed to a short extension for a $2,000 fee (very high in my opinion), but I made the mistake on not extending on time and realize he can to charge the fee. Nevertheless, this did not start this whole process off well and throughout the whole refinancing process the private lender was just generally difficult to work with. Slow to sign and provide documents...

Anyways, that's the background, I'm not sure it is necessary, because we did get through the refinance. 

My problem now, is that the private lender is refusing to refund payoff funds that were above the payoff amount based on the terms of the note. The title company incorrectly calculated the per diem payoff amount by about a week too much. They based their calculation on payoff document I had created but had expired in early March. Due to a math error they calculated a payoff based on 27 days of per diem, but on the document stated payoff amount was as of March 20. They then asked the private lender to sign this document. Now the private lender is saying I should pursue the title company because they made the mistake. My view the note terms are what they are and the payoff statement doesn't modify or supersede the note terms. If there is an error of this sort, the note terms would be the final say.

1. Am I correct in saying the note terms determine the payoff and errors such as miscalculations dont override.

2. If so, what channels do use to pursue recovering these funds? Small claims court? Any recommendations?