I agree that lender credits are a 0% tolerance fee, but item 6 in the CFPB's Official Commentary under 1026.19(e)(3)(i) talks about aggregating specific and non-specific (general) lender credits when determining good faith (see below).
6. Good faith analysis for lender credits. For purposes of conducting the good faith analysis required under § 1026.19(e)(3)(i) for lender credits, the total amount of lender credits, whether specific or non-specific, actually provided to the consumer is compared to the amount of the “lender credits†identified in § 1026.37(g)(6)(ii). The total amount of lender credits actually provided to the consumer is determined by aggregating the amount of the “lender credits†identified in § 1026.38(h)(3) with the amounts paid by the creditor that are attributable to a specific loan cost or other cost, disclosed pursuant to § 1026.38(f) and (g).
If the lender allocates the appropriate aggregate credit, it shouldn't matter how the lender credit is allocated between general and fee-specific credits. Given that, is there any requirement that would prevent the lender from changing the general and fee specific allocation of lender credits post-closing as long as the aggregate lender credit is still disclosed in good faith?