E-Recording Fee

Our state's recording offices offer electronic recording for a flat fee. However, we have the title company handle the recording, so on the closing disclosure, the e-recording fee shows payable to the title company. Should this fee go in section B/C because it is payable to the title company, or in section E because it will be used for recording?

We put the e-recording fee on the regular recording fee line, so I am curious to see if anyone else responds to this.

Who is actually assessing the e-recording fee - the county?

The county is assessing the fee. So we are paying the fee to the title company, but it is essentially a "pass through" fee because it is the exact fee that the county charges to e-record.

Then it is a recording fee like any other recording fee that passes through the title company. It is not payable to the title company. In some jurisdiction, this is not charged by the county and is an actual third party fee.

I see no reason that the e-recording fee should be treated any differently from the paper-filing equivalent if the fee is imposed by the government agency where the recording is done. Only if the fee is one imposed by the title company for its work in doing the e-recording would you show it elsewhere on the form. In fact, if you're not requiring the use of e-recording and it's a cost imposed by the title company, it could properly go in section H, I believe.

It is interesting that Idaho law does not seems to provide for an electronic recording fee by the counties:

https://legislature.idaho.gov/statutesrules/idstat/title31/t31ch32/sect31-3205/

You are sure this is assessed by the county?

That's what the title company is saying when I asked them to clarify who was the ultimate recipient of the fee.

What county are you dealing with? I would pick up the phone and call that county recorders office and confirm with them. Like I said, since electronic filing offers a lot of benefits and efficiencies to the counties - them charging extra for electronic recording is pretty unusual. They would rather it be electronic so they don't have to spend the time and energy to convert paper to electrons. Charging extra defeats that purpose.

These are usually third party charges.