I'm trying to find where in the regulation the requirement is to itemize and show fees that are being assessed for a loan on that particular loan's LE/CD. We have an issue with our title company where they want to charge fees for a second and third loan on the first loan's settlement statement. We've pushed back and said that is not compliant with TRID, but now they're stating "we've always done it this way!". Is this something that maybe changed with one of the TRID revisions and I missed it?

VA - who gives a merde about how the title company does it or how long they have been doing it wrong?. The title company has no dog in this hunt. The lender bears sole regulatory responsibility for the accuracy of the LE/CD.. You are subject to civil penalties, regulatory examination findings, cease and desist order, etc. The title company collects their fees and are off the hook scott-free.

That's where we're having the issue though. They're charging a fee twice with a reference of (for second loan) on the second fee. We use the settlement statement to show on the CD what the title fees are. How do we remain within compliance if we don't show the fee or if we show the fee twice for a second loan?

The fee for the second loan goes on the LE/CD for the second loan - period - end of story. Have someone in your management that has the power to call the owner/president of the title company and tell them either cooperate or you will no longer include them on your approved title company list to do business with.

This is likely some minion at the tittle company trying to dictate this to you. If the fee is not related to your loan, it does not belong on the CD unless it is an optional charge that the borrower is choosing to pay through closing in Section H.

I should add then it would still have to appear on the CD of the loan it is related to - regardless of when and where it is paid.

Thank you Randy! We've gone back and forth with them on this. Needless to say this company won't be utilized moving forward. Their fees are "standard" and "that's just how they've always done business".

Tell them that the next time you need to purchase a buggy whip, you will be glad to keep them in mind since they appear to still be operating in the 20th century.