Loan Document Preparation Fee Issues

<a href="http://adserve.bankersonline.com/cgi-bin/advertpro/blink.fpl?region=2&slot=1" target="_top"><img src="http://adserve.bankersonline.com/cgi-bin/advertpro/bimg.fpl?region=2&slot=1&keyword=NULL" border="0"></a>


Site Map Our Sponsors Home

Compliance Gurus
Operations Gurus
Security Gurus
Marketing Gurus
Technology Gurus
eBanking Gurus

Print Friendly!

Email This Article!

<a href="http://adserve.bankersonline.com/cgi-bin/advertpro/blink.fpl?region=34&slot=1" target="_top"><img src="http://adserve.bankersonline.com/cgi-bin/advertpro/bimg.fpl?region=34&slot=1&keyword=NULL" border="0"></a>

Loan Document Preparation Fee Issues
by David Dickinson, BOL Guru
BIO AND CONTACT INFO

Question: Our bank is considering implementing a loan document preparation fee. Other than making sure these fees are disclosed as a part of the finance charge, are there any other pitfalls or disclosure issues we need to be aware of and address? We would charge the fee on new originations only.

Answer: �226.4(c)(7) indicates that you can charge a "document preparation" fee and exclude it from the finance charge as long as it is for a real estate loan and is bona fide and reasonable. Here's the regulation:

Real-estate related fees. The following fees in a transaction secured by real property or in a residential mortgage transaction, if the fees are bona fide and reasonable in amount:

(i) Fees for title examination, abstract of title, title insurance, property survey, and similar purposes.
(ii) Fees for preparing loan-related documents, such as deeds, mortgages, and reconveyance or settlement documents.
(iii) Notary and credit report fees.
(iv) Property appraisal fees or fees for inspections to assess the value or condition of the property if the service is performed prior to closing, including fees related to pest infestation or flood hazard determinations.
(v) Amounts required to be paid into escrow or trustee accounts if the amounts would not otherwise be included in the finance charge.[/i]

Be careful, �3500.12 of RESPA prohibits you from charging a fee for the preparation of any Truth in Lending or RESPA documents.

If the fee will be charged on non-real estate loans, then it is always a finance charge.

First published on BankersOnline.com 3/3/03

Home | Compliance | Lending | Operations | Security | Marketing | Technology | eBanking

BOL Archives Privacy Policy Important Disclaimer Recommend This Site ! Contact Us

BankersOnline is a free service made possible by the generous support of our advertisers and sponsors. Advertisers and sponsors are not responsible for site content. Please help us keep BankersOnline FREE to all banking professionals. Support our advertisers and sponsors by clicking through to learn more about their products and services.