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#2240790 - 08/07/20 04:40 PM Adding Fee Post Closing
Wonderofitall Offline
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Wonderofitall
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Out West
Title forgot to inform us of a non-finance charge condo fee for for $200 that was to have been paid by the borrower. At closing, they are asking for an additional $200 from the bank. To get the loan closed, we'll wire the extra $. Can we ask the borrower to pay this and document the charge with a post-consummation CD? Not sure if borrower will pay but need to ask the question.
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TRID - TILA/RESPA Integrated Disclosures Rule
#2240791 - 08/07/20 04:43 PM Re: Adding Fee Post Closing Wonderofitall
rlcarey Offline
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Galveston, TX
Personally I would make title eat it. But if the loan has not closed, why not get them a new CD now?
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#2240792 - 08/07/20 04:49 PM Re: Adding Fee Post Closing Wonderofitall
Truffle Royale Offline

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fwiw, ditto making the title company eat this fee. They made the mistake. As a borrower, I would balk at this late addition of a rather sizeable fee.

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#2240795 - 08/07/20 05:06 PM Re: Adding Fee Post Closing Wonderofitall
Wonderofitall Offline
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Out West
Agreed Title needs to pony up, but I'm guessing that they won't. Error brought to our attention after borrower signed all docs and has left the building. Haven't run across anything like this before after the loan has closed. If borrower agrees to pay, can we accept the $?
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#2240796 - 08/07/20 05:09 PM Re: Adding Fee Post Closing Wonderofitall
Skittles Offline
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TN
So - to be clear - the loan has been closed/originated?
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#2240797 - 08/07/20 05:19 PM Re: Adding Fee Post Closing Wonderofitall
Wonderofitall Offline
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Wonderofitall
Joined: Sep 2010
Posts: 213
Out West
Yes.
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#2240801 - 08/07/20 06:07 PM Re: Adding Fee Post Closing Wonderofitall
Skittles Offline
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TN
My opinion only - either the title company or the bank need to eat the additional fee.
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#2240806 - 08/07/20 06:39 PM Re: Adding Fee Post Closing Wonderofitall
Truffle Royale Offline

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back to business decision like Randy said above. Personally I don't think the borrower should even be asked to pay this. Would you pay it if you were the borrower? The loan has closed and they're done. This is the title company's error. Don't talk to the closer. Talk to the manager of the title company. If they want to continue getting your business, they'll pay for their mistake.

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#2240812 - 08/07/20 07:12 PM Re: Adding Fee Post Closing Wonderofitall
rlcarey Offline
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Galveston, TX
Yup - the title company closed the loan without the fee. Kinda of crappy to go after the borrower now. If the borrower's costs do not increase, then you are done with the customer as far as they concerned. No additional disclosures required. I would be hammering on the title company's door.
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