Hi all,

I know this topic has been addressed here plenty of times, but I did not find this particular question addressed in my searching. I feel like I'm familiar with the requirements in §1026.38(g)(4) and (t)(5)(v), but, I'm revisiting after a small discussion and am not sure if I'm now overthinking things, or have fell into a small black hole.

Since (g)(4) only references Section H of the CD ("Other"), I'm hoping someone can help me with any explicit commentary requiring the disclosure of fees in other sections of the CD that are seller-paid (e.g. title fees required by the lender that would belong in Section C).

Such fees do not fit the description of 38(g)(4), and 38(g)(4) is the only instance where it's explicitly stated that fees related to the transaction must be disclosed regardless of whether they're paid by the buyer/seller/other party.

38(t)(5)(v) is essentially a clarification of what can be omitted from either the Buyer/Seller CD, but its only mention of the charges in 38(f) is that such fees can be omitted from the Seller's CD when paid by the borrower.

I'm reading this as a small black hole where the only explicit requirement to disclose charges paid by the seller exists within Section H.

If that were the understanding, then does that mean that Section H is the *only* section of the CD that would reflect fees paid by the seller? If so, then would any seller-paid fees that would otherwise be disclosed in any other sections (sticking with title fees in Section C, for example) fall under the umbrella of charges in addition to the ones in (f) and (g)(1) through (g)(3), and then ultimately belong in Section H?

So, the too-long-didn't-read version: based on §1026.38(g)(4) I'm inferring that all seller-paid fees must be disclosed only in Section H. Common sense tells me that's crazy.

My question to BOL: Can you help provide any commentary/insight that helps shed light on my confusion?

Not sure why you have the impression that it only included Section H. CFPB webinar, April 12, 2016, Question 15:

When a separate disclosure is provided to the seller, must seller-paid loan costs and other costs be included on page 2 of the consumer's Closing Disclosure?

MS. AYOUBI: Yes. Seller-paid loan costs and other costs are required to be disclosed on the consumer's Closing Disclosure regardless of whether a separate Closing Disclosure is provided to the seller. The rule's provisions that permit the separation of consumer and seller information are specific as to which disclosures may be omitted, and seller-paid loan costs and other costs are disclosures that must be included on the consumer's Closing Disclosure.

If the seller receives a separate disclosure, Section 1026.38(t)(5)(v) permits the separation of consumer and seller information. When providing the consumer's Closing Disclosure, the summary of the seller's transaction, which includes an itemization of amounts due to and from the seller, the calculation of the seller's transaction, and items paid outside of closing funds are not required to be disclosed to the consumer and may be left blank under Section 1026.38(t)(5)(v)(A). And when providing the seller's Closing Disclosure, the summary of the borrower's transaction, including loan costs and other costs paid by the borrower, are not required to be disclosed to the seller and may be left blank under Section 1026.38(t)(5)(v)(B).

However, there is no parallel provision that permits omission of seller-paid loan costs and other costs from page 2 of the consumer's Closing Disclosure.