Do we need to show anything or even provide this list if the bank does not require a service on this list? Right now surveys and pest inspections are the only thing listed on this list but we do not require any of these services.

If you don't require it, you don't need a list.

If you require it and want to hedge your tolerance, you give a list.

Is it ok to provide this list just in case we have a situation where a pest or survey would be needed?

I personally would not. If an event happened later that required a particular unknown service, I would do a COC and give a list at that point. To me, giving someone a survey and pest shopping list is potentially misleading and confusing if it's a rare requirement.

37(f)(2) Services you cannot shop for.

1. Services disclosed. Items included under the subheading “Services You Cannot Shop For” pursuant to § 1026.37(f)(2) are for those services that the creditor requires in connection with the transaction that would be provided by persons other than the creditor or mortgage broker and for which the creditor does not permit the consumer to shop in accordance with § 1026.19(e)(1)(vi). Comment 19(e)(1)(vi)-1 clarifies that a consumer is not permitted to shop if the consumer must choose a provider from a list provided by the creditor. Comment 19(e)(3)(i)- 1 addresses determining good faith in providing estimates under § 1026.19(e), including estimates for services for which the consumer cannot shop. Comments 19(e)(3)(iv)-1 through -3 discuss limits and requirements applicable to providing revised estimates for services for which the consumer cannot shop.


If a service is not known to be connected with the specific transaction at the time of disclosure then a provider for that service should not be disclosed on the list.

Thanks for the help. That's what we were looking for.

I have seen that the reg and commentary are clear that the List is one time document, but that CFPB is stated separtely that if an unexpected service arries, you may issue a new list.

Any thoughts?

In my opinion, you would have to give a revised "List" to the borrower if you allow them to shop for the previously unexpected service or it would be subject to 10% tolerance (since basically you are not allowing them to shop).

Can anyone tell me if the Applicant Names, Date Issued, and Loan ID# are REQUIRED to be completed at the bottom of the Service Provider List? I made a note during the April BOL Triage that it is required information, but I don't have anything to back that note up, and our internal training says it's optional.