We disclosed the recording fee on the LE as one amount but when the title company prepared the CD, it was discovered that the recording fee was higher due to a divorce decree needed to be recorded in the correct county and the bank had no knowledge of when doing the LE. Would we have to count that in the 10% tolerance?

it increased because it had to clear up schedule C of the title commitment

Would we have to count that in the 10% tolerance?

Yes.

If this was listed in the title requirements, it would have been a changed circumstance and could have been disclosed within 3 days of receiving title.