How much information can we include on the buyer closing disclosure that pertains to the buyer? must all fees that the seller pays be disclosed on the buyer closing disclosure under the seller paid column? does that include also payoffs to mortgage companies that are listed under the summaries of transaction on the seller side?

Your situation is exactly why there is an alternate seller CD to use if the seller doesn't want all their info available to the buyer. It's form H25(1) available on the cfpb website.

You can remove the seller's information from Page 3, but all seller paid closing costs, including real estate commissions, etc. have to appear on the borrower's Page 2.

Yes, we do have all the seller paid fees on page 2, our main concern was the payoff of a lien on the seller side. If the payoff of the mortgage had to appear on the seller side of the buyer closing disclosure on page 3 or not.

It does appear, but only on the seller closing disclosure.

thanks

Aside from real estate commissions, what other some other examples of seller paid closing costs that have to be shown on the buyer's Closing Disclosure? Should our page 2 match the title companies Seller Closing Disclosure page 2 and list all fees the seller is paying for their part? It doesn't make sense to me to have these listed on the buyer's Closing Disclosure when the seller gets their own but I know that things don't always make sense.

any outstanding taxes that the seller must pay at closing because these would be a lien paramount to the mortgage and keep the buyer from getting clear title.
Payment of any judgments or liens of the seller's too.

Anything that has to go on Page 2 of the seller's disclosure has to be on Page 2 of the borrower disclosure. No exceptions. Only seller information on Page 3 can be left blank.

I guess I'm still confused on why we have to list items that are strictly obligations of the seller and paid by the seller on the buyer's Closing Disclosure. I thought our CD was only for our borrower and the seller's CD came from the title company.

Because a closing cost involved in the mortgage transaction must be disclosed regardless who pays for it. It is all a part of the costs.

Because the regulation and commentary require it.

§ 1026.38(g)
§ 1026.38(g)(4)
§ 1026.38(t)(5)(v) and (vi)
Comments:
38(g)(1)-2
38(g)(4)-1
38(g)(4)-4
38(t)(5)(v)

Just so that I'm clear...the new commentary effective 10-10-17 doesn't change this? I'm looking at comment 38(t)(v)(v)-1(i) where it says "leave the applicable disclosure blank concerning the seller or consumer on the form provided to the other party".

The "applicable disclosure"s referenced in the commentary are found in the actual 38(t)(v). No where in that section are you allowed to leave the seller's closing costs off of Page 2.

Circling back around to this because I've seen it both ways and not sure which is correct. Do the seller's title fees for their portion all go in Section H or would they all go in C? I've seen title co's put them in C mostly but have a couple that have done H.

It depends on what the seller is paying for. If it is a service that is required by the lender in order for the borrower to get the loan, it would be in B or C. If this is a service that is related to the seller only, say for preparation of the warranty deed or something to clear a current cloud on the title for them to get the property ready for transfer, then it would go in Section H.

Thanks, Randy!