Eagle is driving at the such a fee is not allowed on a junior lien.
Since you are asking a legal question as to where to put this in your loan documents, I suggest you visit with legal counsel. It is not a compliance issue.
Other than that 1026.34(a)(9) Payoff statements. (i) Fee prohibition. In general, a creditor or servicer (as defined in 12 CFR 1024.2(b)) may not charge a fee for providing to a consumer, or a person authorized by the consumer to obtain such information, a statement of the amount due to pay off the outstanding balance of a high-cost mortgage.
The opinions expressed here should not be construed to be those of my employer: PPDocs.com