On our HELOCs we have a $35 annual fee charged on the first anniversary of the HELOC and each anniversary thereafter. Would this fee need to be included in the HOEPA calculation?

From what I can find, this charge would not be considered a finance charge therefore it wouldn't be calculated in the APR test under HOEPA. And I don't believe it would be a part of the points and fees calculation of HOEPA as it is not being assessed at or before closing and is not a fee that is charged at time of HELOC draw.

I'm looking for confirmation on the following:

1) An annual HELOC fee (charged regardless of line usage or balance) is not a finance charge under reg z.
2)The annual HELOC fee (detailed above) is not subject to the HOEPA points and fees calculation.

Thanks!