When I first read this I thought - yup - you bet. But after I looked at it a little more, I don't necessarily think so. If you look at 226.4(a)(3), comment 3:
3. Compensation by lender. The rule requires all mortgage broker fees to be included in the finance charge. Creditors sometimes compensate mortgage brokers under a separate arrangement with those parties. Creditors may draw on amounts paid by the consumer, such as points or closing costs, to fund their payment to the broker. Compensation paid by a creditor to a mortgage broker under an agreement is not included as a separate component of a consumer's total finance charge (although this compensation may be reflected in the finance charge if it comes from amounts paid by the consumer to the creditor that are finance charges, such as points and interest).
So in essence, since the broker is theoretically only receiving a portion of the interest being charged to the customer and the interest is already included in the finance charge, the YSP could be excluded.
What do you think?
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