Even if the consumer can choose the 3rd party, it can be a FC if
you require the sevice. If the customer requests it, that is another matter and they will usually "request" it if you say that you are adding $20 per day for interest per diem to allow for the snail mail, times 4 days, or FedX is $15 and the customer saves $65. They'll request it.
One of the results of the Rodash amendments was to put in place a tolerance level for certain types of loans. On your new real estate loans you have a $100 tolerance before you'd have a reimbursable violation. So in a way it is moot.
From the ABA Exec. Update, June 1996:
Exclusion of specific fees. Under the 1995 Legislative Amendments, the following fees are excluded from the finance charge with respect to mortgage transactions:
· Fees imposed by third-party closing agents that are neither requested nor retained by the lender (§ 226.4(a)(2));
· Fees for preparation of loan-related documents (§ 226.4(c)(7)(ii));
· Fees for pest infestations or flood hazards conducted prior to closing (§ 226.4(c)(7)(iv));
· Certain taxes paid as a precondition to recording an instrument securing the evidence of debt, if itemized and disclosed (§ 226.4(e)(3)).
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Andy Zavoina
Opinions stated are not necessarily that of my employer.
[This message has been edited by Andy Z (edited 01-15-2002).]