We have a loan in which the closer forgot to add some of our fees to the initial Closing Disclosure before sending. These fees, which is a point to buy the rate down and the appraisal fee, were listed and disclosed correctly on the Loan Estimate.

One manager is stating that its ok to add them back to the final CD because the LE (which is correct) determines the final fees and tolerance. The other manager is stating that the initial CD also sets fees and tolerance, which now wipes out our buy down point and calls for a cure of tolerance on the appraisal fee for us to eat.

I'm leaning towards the latter. The CD was disclosed without the fees. Can someone share their thoughts on this?

The Loan ESTIMATE cannot determine final fees.
The Reg does say that you can leave fees off the CD if they weren't part of the closing costs.
But I don't see anything in the Reg or FAQ that speaks to this situation exactly, I agree with your second manager and you that you've lost the ability to charge these items.
I'm sure others will comment on this situation too.

For what it's worth, the "first"/"initial" CD is the only required CD under TRID. Any subsequent CD is a revised CD and if it's required it's only because of secondary market requirements or other policy requirements. So in short, that first CD set your final fees. It's basically a HUD-1, but signed 3 days prior. Once a HUD-1 is signed, those are the prevailing fees.

Great point. I had not thought of it that way, but you are correct. Thanks for the comment!

TomTom, there is no regulatory requirement that the CD be signed 3 days prior, or at all for that matter, so I'm not sure why you stated it that way.
The CD must be delivered three days prior.
Getting it signed is an investor and/or your bank's choice and can be done at closing.