On our consumer construction loans of primary residence we are wanting to implement a charge for a title search that will be done before a draw can be released. Will this be a pre-paid since the work will be perform at various stages of the loan. Also, the title companies charge different amounts depending on who you use and some loans will be done in 4 draws and others in six. Say you charge upfront for 4 updates, but it ended up being 6 can you come back and charge the customer for the additional monies if they were not disclosured up front and also if you disclosed upfront the charge for 6 and you only did 4 would you have to refund the difference.

Bump. I really need some help on this one.

1. This type of fee is a FC when charged after the loan originates.
2. If it's paid at consummation or withheld from draws, then it's a PFC.
3. If it's billed or held for collection at the end of the loan, then it's an ordinary FC, not prepaid.
4. TIL disclosures are based on the best information available at the time the disclosures must be given.
5. If you don't have firm information at consummation, then you must estimate.
6. If construction runs long or problems develop & more title search charges are necessary, that doesn't render your original disclosures inaccurate if you followed #4 and #5.