If not, how have you managed to get your title companies to cooperate?

Quit using them.

newyork - you are correct.

If the seller fees are not on the borrowers closing disclosure, but we get a copy of the signed seller disclosure showing their seller paid fees? will that suffice? or is the ruling for the borrower to see what fees the seller paid?

Seller paid fees are required to be shown on the borrower's page 2. If you are referring to other seller fees and charges not directly associated with the loan normally shown on page 3, it is none of the borrower's business. The settlement agent must provide you with a copy of the seller's closing disclosure for your files.

That's right newyork. The rule permits you to provide the borrower and the seller separate summaries of transactions (for the sake of privacy), but the rule does not exclude seller costs from page 2 of the borrower's CD.

Randy -- Not using these title companies is easier said than done -- but I get you:)

Candidly, if you have ongoing problems with one or more title companies but can't just drop them because they are the "only game in town" in some areas, after beating your head against the wall enough I recommend that you carefully log the problems, keeping a set of copies of documents to back up your complaints, and file a complaint with the appropriate state regulator(s), and, if there are disclosure "fails" in your collection, share them with the Bureau.

When it's your bank that's exposed for potential Reg Z violations because of a third party's intransigence, you have to protect the bank.

This is exactly the position we are in. Thanks for the good advice -- I appreciate it.

This is exactly how our shop is handling the situation; the only item that is left blank on the borrower's CD is the seller's transaction section on page 3; page 2 shows all costs paid, as applicable for borrower and seller . The title attorney is then responsible for preparing the delivering the seller only disclosure as permitted by the Reg and providing us a copy for our records, as required by the Reg.

We've got our first CloD for a purchase where HUD is the seller. They, of course, require their own attorney in addition to ours/the borrower's. Do those seller attorney costs go in Section H? They aren't borrower or bank required fees in any way, and don't seem to fit with the usual title fee placement in B or C.

If they are not your requirement, they go in Section H

Thank you! That's where we put them, but it looked wrong somehow so I wanted another opinion. I appreciate your time, as always.

Good to know, because it's only a matter of time before we will have one as well.

Not to beat a dead horse but I would like to clarify this: The citation that requires Seller Paid items to be on the Borrowers Closing Disclosure page 2 is 12 CFR 1026.38(t)(5)(v)(B)?

My second question is we should essentially end up with the following in our file:
1. CD for borrower all pages (page 2 to include seller paid items in the appropriate column).
2. A copy of the CD from the Sellers Side from the title company.

We generally only close the borrower side and the title company closes the seller.

Thank you!

That is correct and you need to be sure the two don't have conflicts.

Thank you!