If a lender makes mortgage loans in a state, it has to have some knowledge of the laws of the state and realize when certain costs are likely to be imposed -- or the good sense to contact someone who would know when something weird like the title situation involved here comes up. The lender is charged with making a good faith estimate of costs, and that means there has to be an effort to identify and quantify those costs. Your lender(s) didn't do that. The bank is responsible for the amount of the "surprise" increase.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8