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#1238685 - 08/25/09 05:48 PM Is a satisfaction fee a finance charge?
Many Hats Offline
Platinum Poster
Joined: May 2008
Posts: 915
Orlando, FL
We typically charge a "future satisfaction fee" on our mortgage loans and have been considering it a finance charge. However, I found in another resource document where it is not a finance charge.

Is it or is it not?

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#1238805 - 08/25/09 07:14 PM Re: Is a satisfaction fee a finance charge? Many Hats
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
You will get conflicting opinions on this issue.

We do not treat the $12 as a finance charge.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1238987 - 08/25/09 10:05 PM Re: Is a satisfaction fee a finance charge? Dan Persfull
Many Hats Offline
Platinum Poster
Joined: May 2008
Posts: 915
Orlando, FL
In the past, we have considered both satisfaction and recording fees as finance charges. After reading the Reg more closely, we have decided NOT to count them as PPFCs:

Reg Z 226.4(e)(1)

(e) Certain security interest charges. If itemized and disclosed, the following charges may be excluded from the finance charge:

(1) Taxes and fees prescribed by law that actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest.

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#1239610 - 08/26/09 05:30 PM Re: Is a satisfaction fee a finance charge? Many Hats
G-Street Band Offline
Member
Joined: Feb 2006
Posts: 66
Oregon
In effect, it sounds as if the satisfaction fee is for payment of recording - a recording charge. We would not consider this a finance charge to affect APR; it is a fee.

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