I think that I am just confusing myself, but here it goes. On a purchase mortgage transaction is the fee for filing the warranty deed included on the TIL as a filing fee, or is it just the fees for mortgage/deed of trust?

It would be included with your filing fees.

I was just researching this too, but came up with a different answer.

Putting the fees in the recording/filing fee section is only required to exclude the fee from a FC 226.4(e).

Reg Z 226.4(a) defines finance charge as NOT including any charge of a type payable in a comparable cash transaction.

A charge for recording a Warranty Deed would be paid if financing was involved in the transaction or if it was a cash transaction.

Therefore, since the fee would not be a FC, it would not need to be listed on the TIL to be excluded from being a FC.

Maybe it could be on the TIL if the lender required the warranty deed and it would not have been offered otherwise, but I dont see that happening often.

The filing fees that are included on the TIL in 226.18 are security interest charges.

Sec. 226.18 Content of disclosures
(o) Certain security interest charges. The disclosures required by Sec. 226.4(e) in order to exclude from the finance charge certain fees prescribed by law or certain premiums for insurance in lieu of perfecting a security interest.

A deed would not be used to perfect a security interest. It must be filed legally but it is usually not used to perfect a bank's security interest, that would be the mortgage so it would not have to be included in the filing fees on the TIL.


Sec. 226.4
(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.

(2) The premium for insurance in lieu of perfecting a security interest to the extent that the premium does not exceed the fees described in paragraph (e)(1) of this section that otherwise would be payable.

A deed would not be used to perfect a security interest. It must be filed legally but it is usually not used to perfect a bank's security interest, that would be the mortgage so it would not have to be included in the filing fees on the TIL.

If I recall in some states a warranty deed is the same as a mortgage or deed of trust. Also, if the title is being transferred as part of your loan transaction you most definitely have to file the new deed with your mortgage to perfect your lien otherwise the lien (mortgage) would not be in the name of the property owner.