LE for "No Cost" Loan-More Credits/Waived Fee

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Question:

We gave a lender credit of $2,500 on the LE for a "no cost" loan. On the CD, we showed all fees paid by the lender, with total specific lender credits of $2,600. However, our origination fee of $500 shown on the LE was waived and removed on the CD, offsetting an increase in a title service fee of $600. In short, we are paying more in credits than originally disclosed, but have removed a waived fee. Is this acceptable?

Answer:

You disclosed an unspecific lender credit of $2,500 on the loan estimate and provided specific lender credits of $2,600 at closing, as documented on the Closing Disclosure. So far, so good, since the total of the specific lender credits at closing equaled or exceeded the Loan Estimate's unspecific lender credit.

If you charged the borrower the increased title service fee (you said it went up $600 over the estimate on the Loan Estimate), you need to know whether that title service was disclosed on the Loan Estimate and in a Service Provider Shopping List (SPSL) as a service the borrower could shop for, and whether the borrower used the provider from the list or a different provider. That will determine whether that service will be included in the "10% bucket" for tolerance calculations or won't be subject to tolerance calculations (assuming the estimate was made in good faith).

You can't use a waived fee that's subject to a 0% tolerance as an offset to the increase in the title service cost.