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#2279231 - 12/28/22 01:01 PM Atty Settlement Fee as PpFC under differing names
FSLICBanker Offline
Member
Joined: Apr 2008
Posts: 99
North Carolina
I'm accustomed to seeing an Attorney Closing/Settlement fee and including it in the calculation for prepaid FCs. However, I'm looking at Sec C of a CD and there is one charge entitled "Attorney Fee and Closing Coordination" for $395 and another entitled "Doc Prep and Settlement Fee" for $250. Unfortunately I have no more specific info on what services were actually provided under each of those fees. The "Doc Prep" in the second fee is swaying me towards not including that fee in PpFC but the "settlement fee" is swaying me towards including it or am I best to just include both fees in my finance charge calcs?

Thanks in advance.

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Lending Compliance
#2279232 - 12/28/22 01:48 PM Re: Atty Settlement Fee as PpFC under differing names FSLICBanker
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Well, you have this commentary below. But relying on it when you really do not have any idea of the exact services the charges actually represent is somewhat dangerous. Plus, an overstated F/C or APR is never a violation when dealing with a mortgage loan. The rule of thumb is, if in doubt, just include it.

Official Interpretation
4(c)(7) Real-Estate Related Fees

2. Lump-sum charges. If a lump sum charged for several services includes a charge that is not excludable, a portion of the total should be allocated to that service and included in the finance charge. However, a lump sum charged for conducting or attending a closing (for example, by a lawyer or a title company) is excluded from the finance charge if the charge is primarily for services related to items listed in §1026.4(c)(7) (for example, reviewing or completing documents), even if other incidental services such as explaining various documents or disbursing funds for the parties are performed. The entire charge is excluded even if a fee for the incidental services would be a finance charge if it were imposed separately.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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