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#199092 - 06/10/04 06:04 PM Seller paid origination fee - FC?
Huh? Offline
Member
Joined: Jan 2004
Posts: 50
Southeast
Please tell me I'm thinking about this correctly.....Origination fee charged by the bank, if it is paid by the seller it is not a finance charge. From Reg Z definition of finance charge:
It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit.

It has to be both paid by client and charged by bank to be a finance charge - true? In my case, it's a bank charged fee but b/c not paid by the client it is NOT a finance charge correct?

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#199093 - 06/10/04 06:10 PM Re: Seller paid origination fee - FC?
TomS Offline
Gold Star
Joined: Jan 2004
Posts: 317
USA
I would agree that if the fee is not paid by the borrower it is not a finance charge.
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#199094 - 06/10/04 06:23 PM Re: Seller paid origination fee - FC?
TheTruth Offline
Junior Member
TheTruth
Joined: Sep 2002
Posts: 25
USA
Is my thinking wrong in that the bank is going to charge the origination fee regardless of which party will pay the fee. In my mind the fee is being "indirectly" paid for by the seller.
Last edited by BigRedJim; 06/10/04 06:24 PM.
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#199095 - 06/10/04 07:10 PM Re: Seller paid origination fee - FC?
Huh? Offline
Member
Joined: Jan 2004
Posts: 50
Southeast
right, the bank is charging the fee no matter who pays. But the fee isn't being paid by the borrower, it is being paid by the seller. Does anyone know how Reg Z interprets "indirectly by the borrower"? The word "indirectly" is tripping me up but the "by the borrower" is as well b/c the fee is being paid by the seller.

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#199096 - 06/10/04 08:24 PM Re: Seller paid origination fee - FC?
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
Seller paid points/origination fees are not finance charges.
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