Closing costs are a big factor in distinguishing a good deal from a bad deal. It’s important to know what to expect when you receive your initial disclosures, which summarize the rate, terms, and proposed closing costs of the loan. We will discuss different sections of these disclosures in 2 sections: the Loan Estimate and the Closing Disclosure.
Important: Actual fees, exact names, and applicability can vary by lender, locality, and specific state laws. Always verify with local/state regulations and lender requirements.
Overview of Tolerance Categories
Under the TILA-RESPA Integrated Disclosure (TRID) rule, fees fall into one of three categories regarding tolerance for changes between the Loan Estimate (LE) and the Closing Disclosure (CD):
- Zero Tolerance: These fees cannot increase from the LE to the CD unless there is a valid “changed circumstance.” Typically includes fees paid to the creditor, mortgage broker, or an affiliate of either, as well as transfer taxes.
- 10% Cumulative Tolerance: The total of these fees, in aggregate, cannot increase by more than 10% from the LE to the CD. Typically includes certain third-party fees when the consumer uses a provider on the lender’s written list of service providers and does not choose a provider outside that list.
- No / Unlimited Tolerance: These fees can change by any amount. Typically includes fees for services that the consumer shops for independently (choosing a provider not on the lender’s list), prepaid interest, or amounts paid into escrow.
1. Section A: Origination Charges
These are fees paid to the lender or broker for originating the loan.
Fee Name | Description | States Where It Applies | Tolerance Category | Allowed Change |
---|---|---|---|---|
Points (Discount Points) | A fee paid to buy down the interest rate, typically quoted as a percentage of the loan amount. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Application Fee | A fee the lender or broker charges to process the initial application. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Underwriting Fee | Charged by the lender for reviewing and approving the loan. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Processing Fee | Covers the lender’s cost of gathering documents and verifying information. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Broker Fee | A fee paid to a mortgage broker for arranging the loan. | All states | Zero Tolerance (if paid to a broker affiliated with the lender) | Cannot increase from LE to CD unless a valid changed circumstance applies. |
2. Section B: Services You Cannot Shop For
These services are typically required by the lender, and the borrower has no choice of provider.
Fee Name | Description | States Where It Applies | Tolerance Category | Allowed Change |
---|---|---|---|---|
Appraisal Fee | Cost for a licensed professional to estimate the property value. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Credit Report Fee | Cost of pulling credit report(s) from the bureaus. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Flood Determination Fee | Fee to determine if the property is in a flood zone (FEMA requirement). | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Flood Monitoring Fee | Ongoing monitoring to ensure updated flood zone status over time. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Tax Monitoring Fee | Service that monitors property tax payments and tax status. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Tax Status Research Fee | Confirms any outstanding tax liabilities or delinquencies on the property. | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
Mortgage Insurance (MI) Application Fee | Fee for processing the loan’s mortgage insurance (if required). | All states | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance applies. |
3. Section C: Services You Can Shop For
These are required services, but the borrower can choose the provider. If the consumer chooses a provider from the lender’s written list, these fees typically fall under the 10% tolerance category. If the consumer chooses a provider not on that list, fees often fall under no tolerance limit.
Fee Name | Description | States Where It Applies | Tolerance Category | Allowed Change |
---|---|---|---|---|
Pest Inspection Fee | Inspection for termites/wood-destroying organisms if required by the lender or loan program. | Varies by region; typically all states may require if program/lender does. |
10% Tolerance if chosen from lender’s list. No Tolerance Limit if chosen outside the list. |
Up to 10% aggregate change with other 10% fees if chosen from the list; unlimited if chosen outside the list. |
Survey Fee | Survey of property boundaries, improvements, etc. | All states (some states or lenders require, some do not) |
10% Tolerance if chosen from lender’s list. No Tolerance Limit if chosen outside the list. |
Same approach as above. |
Title – Search / Abstract Fee | Fee to research property title history. | All states (title requirements vary) |
10% Tolerance if chosen from lender’s list. No Tolerance Limit if chosen outside the list. |
Same approach as above. |
Title – Settlement / Closing Fee | Fee paid to the title or escrow company for conducting the closing. | All states (escrow vs. attorney closings vary by state) |
10% Tolerance if chosen from lender’s list. No Tolerance Limit if chosen outside the list. |
Same approach as above. |
Title – Lender’s Title Insurance | Insurance policy protecting the lender’s interest in the property’s title. | All states (cost, rules vary significantly by state) |
10% Tolerance if chosen from lender’s list. No Tolerance Limit if chosen outside the list. |
Same approach as above. |
Title – Other Title-Related Fees (Endorsements, Binder, etc.) | Endorsements, document prep, or other title-related services required by the lender. | All states (some states require specific endorsements) |
10% Tolerance if chosen from lender’s list. No Tolerance Limit if chosen outside the list. |
Same approach as above. |
4. Section E: Taxes and Other Government Fees
Government fees often carry zero tolerance if they are transfer taxes. Recording fees may have a 10% tolerance depending on how the lender discloses them. State and local laws vary considerably.
Fee Name | Description | States Where It Applies | Tolerance Category | Allowed Change |
---|---|---|---|---|
Recording Fees | Fees charged by local government for recording the deed, mortgage, and other legal documents. | All states | 10% Tolerance or Zero Tolerance (depends on how disclosed) | Often part of the 10% tolerance group if borrower cannot shop. Could be Zero Tolerance if the lender lumps it differently. Confirm with the lender’s disclosures. |
Transfer Taxes | Taxes imposed by state or local government on property transfer. | Many states (NY, FL, CA, etc.) | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance occurs. |
State-Specific Mortgage Taxes | E.g., New York Mortgage Tax, Florida Documentary Stamp Tax, Georgia Intangible Tax. | Varies by state (NY, FL, GA, etc.) | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance occurs. |
County/City Stamp Taxes | Local-level stamp duties or taxes on mortgages or deeds. | Certain states and counties (e.g., parts of MD, VA) | Zero Tolerance | Cannot increase from LE to CD unless a valid changed circumstance occurs. |
5. Section F: Prepaids
These are items that must be paid before or at closing to set up the loan. They generally fall under No / Unlimited Tolerance rules because they are influenced by the closing date, insurance quotes, and borrower choices.
Fee Name | Description | States Where It Applies | Tolerance Category | Allowed Change |
---|---|---|---|---|
Homeowner’s Insurance Premium | Premium for the first year (or portion thereof) of homeowner’s/hazard insurance. | All states | No / Unlimited Tolerance | Amount can change (depends on insurer, final closing date, etc.). |
Mortgage Insurance Premium | If applicable, upfront mortgage insurance (e.g., FHA, USDA, private MI). | All states | No / Unlimited Tolerance | Subject to final loan specifics and program guidelines. |
Prepaid Interest | Interest that accrues from the closing date to month-end (or until the first payment date). | All states | No / Unlimited Tolerance | Varies based on final closing date and interest rate. |
Property Taxes (Prepaid) | Any property taxes due immediately or before the first scheduled payment. | All states | No / Unlimited Tolerance | Depends on local tax deadlines and the actual closing date. |
6. Section G: Initial Escrow Payment at Closing
These amounts fund the borrower’s escrow account for future payments of taxes, homeowner’s insurance, mortgage insurance, etc. Generally, these also fall under No / Unlimited Tolerance, as they depend on timing and actual bills.
Fee Name | Description | States Where It Applies | Tolerance Category | Allowed Change |
---|---|---|---|---|
Homeowner’s Insurance Escrow | Initial deposit into escrow for upcoming insurance bills. | All states | No / Unlimited Tolerance | Based on exact closing date and insurance premium. |
Mortgage Insurance Escrow | If applicable, deposit into escrow for MI payments. | All states | No / Unlimited Tolerance | Varies by the program and final date of closing. |
Property Taxes Escrow | Deposit for property taxes that will be due in the future. | All states | No / Unlimited Tolerance | Determined by local tax schedule and closing date. |
7. Section H: Other
Costs not required by the lender but that the borrower chooses to pay. These are almost always No / Unlimited Tolerance because they are optional or outside of lender control.
Fee Name | Description | States Where It Applies | Tolerance Category | Allowed Change |
---|---|---|---|---|
Owner’s Title Insurance | Optional insurance policy protecting the homeowner’s interest in the title. | All states (common, but not mandatory everywhere) | No / Unlimited Tolerance | Borrower’s choice. Cost and final decision can change at any time. |
Home Warranty | Optional coverage for certain home systems/appliances. | All states | No / Unlimited Tolerance | Depends on the buyer’s selection and pricing. |
Real Estate Brokerage Fees | Typically paid by the seller, but if the buyer has an arrangement with a broker, it might appear here. | Varies | No / Unlimited Tolerance | Can change based on contract negotiations. |
HOA/Condo Association Fees | Might appear here if not collected in escrow or if needed upfront. | States with HOA or condo associations | No / Unlimited Tolerance | Varies by the association’s rules and the closing date. |
Key Points to Remember
- Zero Tolerance Fees: Lender/Broker fees (Section A) + Transfer Taxes (Section E) + any required services you cannot shop for (Section B).
- 10% Cumulative Tolerance Fees: Typically services you can shop for (Section C) if the borrower chooses a provider on the lender’s recommended list.
- No / Unlimited Tolerance Fees: Prepaids (Section F), Initial Escrow (Section G), any service the borrower shops for outside the lender’s list, plus optional services (Section H).
- State-Specific Fees: Transfer Taxes, Mortgage Taxes, Documentary Stamps, and other government-imposed fees vary widely. Some states use attorneys for closings, so attorney fees may appear differently.
- Changed Circumstances: Certain changes (e.g., loan amount, property type, borrower-requested changes) can allow zero or 10% tolerance fees to increase legitimately.
Final Caveat
While this table covers the most commonly encountered fees, actual disclosures can vary. Some fees may be combined or labeled differently by lenders. Always consult with a compliance expert or state-specific statutes for exact requirements, naming conventions, and any additional fees that may apply.