We are going to start using Simplifile to file e-recordings. Currently we are placing e-recording fees in section H. Other of the LE and CD as the fee is charged by our title companies. Since we are making the change to use our own third party (Simplifile) to file e-recording I'm thinking we should move that fee on the LE and CD to Section B Services You Cannot Shop For. Is my thinking correct? If not i would appreciate some guidance.

If you are requiring them to use a specific service provider, then yes - Section B it is.

Not sure why you would have put that fee in Section H - it was not a voluntary service.

Thank you for your quick response! The reason we placed the fee in Section H is it was being paid to the title in order for the title company to pay their third party provider. Since we now have our own third party vendor in Simplisafe we will move it to Section B.

Fees charge by the title company would be listed in B or C depending if the consumer could shop and whether or not they did. Fees charged by the title company other than those related to a owner's title policy do not belong in Section H. Hopefully this charge was less than $35 or the loans were not subject to the right of rescission.

They were a $5 fee for e-recording, essentially a pass thru fee to pay title company e-recording provider.

Should we show the e-recording fee paid to the bank or to our e-recording vendor (Simplifile) in our case?

3. Fees “paid to” a person. For purposes of § 1026.19(e), a fee is not considered “paid to” a person if the person does not retain the fee. For example, if a consumer pays the creditor transfer taxes and recording fees at the real estate closing and the creditor subsequently uses those funds to pay the county that imposed these charges, then the transfer taxes and recording fees are not “paid to” the creditor for purposes of § 1026.19(e). Similarly, if a consumer pays the creditor an appraisal fee in advance of the real estate closing and the creditor subsequently uses those funds to pay another party for an appraisal, then the appraisal fee is not “paid to” the creditor for the purposes of § 1026.19(e). A fee is also not considered “paid to” a person, for purposes of § 1026.19(e), if the person retains the fee as reimbursement for an amount it has already paid to another party. If a creditor pays for an appraisal in advance of the real estate closing and the consumer pays the creditor an appraisal fee at the real estate closing, then the fee is not “paid to” the creditor for the purposes of § 1026.19(e), even though the creditor retains the fee, because the payment is a reimbursement for an amount already paid.

I'm being told that even tho the erecording fee is being paid to a third party provider by the bank (not through the title company) that the fee should show on the CD as Title - e-recording to Simplifile.
Is this correct? I can see no reason to use the Title portion but I'm getting all kinds of pushback including the TRID section about consistent terminology.

I am just not sure how an E-recording fee qualifies for "Title - ":

3. Title insurance services. The services required to be labeled beginning with “Title –” pursuant to § 1026.37(f)(2) or (3) are those required for the issuance of title insurance policies to the creditor in connection with the consummation of the transaction or for conducting the closing. These services may include, for example:

i. Examination and evaluation, based on relevant law and title insurance underwriting principles and guidelines, of the title evidence to determine the insurability of the title being examined and what items to include or exclude in any title commitment and policy to be issued;

ii. Preparation and issuance of the title commitment or other document that discloses the status of the title as it is proposed to be insured, identifies the conditions that must be met before the policy will be issued, and obligates the insurer to issue a policy of title insurance if such conditions are met;

iii. Resolution of underwriting issues and taking the steps needed to satisfy any conditions for the issuance of the policies;

iv. Preparation and issuance of the policy or policies of title insurance; and

v. Premiums for any title insurance coverage for the benefit of the creditor.

Here, some of our closers [attorney firms] are using e-file. I show the fee under services either shopped or not shopped for but I don't label it title because it seems like it has really nothing to do with 'title' any more so than most courier fees do.

thanks for the added confirmation, Joker.