Are there any compliance issues with disclosing both of these fees on the Loan Estimate?

Such as... disclose Title Report in section B (Services You Cannot Shop For), and disclose Title Insurance in section C (Services You Can Shop For).

For purchase transactions, we always just disclose Title Insurance. But for Refinance transactions, sometimes it may depend on certain situations, and we may not have all the detail within 3 days of application.

Do you ever charge both? If not, then it would be hard to argue that your initial LE is in good faith.

No. But if we don't know, and can't make a determination within 3 days, is there an issue to disclose both?

yes, that's what Randy's saying. You KNOW you won't charge both so you cannot justify putting both on the LE.