The LE showed recording fees of $200, a lender's title policy of $1,000 and a settlement fee of $800; the borrower chose title providers from the lender's written list. The CD shows $260, $1,140 and $870. What refund cures the tolerance violation?
Show answer & explanation
Answer: A
- 1. LE total for the 10% category: $200 + $1,000 + $800 = $2,000.
- 2. Allowed limit: $2,000 × 1.10 = $2,200.
- 3. CD total: $260 + $1,140 + $870 = $2,270.
- 4. Cure: $2,270 − $2,200 = $70.
$70: Correct. 12 CFR 1026.19(e)(3)(ii): these charges are tested in aggregate against the LE total plus 10%. $2,270 − $2,200 = $70, refunded within 60 days after consummation.
$80: Tests each fee separately against its own 110% limit: recording $260 − $220 = $40, title policy $1,140 − $1,100 = $40, settlement fee $870 under $880 = $0, total $80. The 10% test applies to the category total.
$200: This is the 10% allowance itself ($2,000 × 10%), not the amount by which the CD exceeds it.
$270: This refunds the entire increase and ignores the 10% the creditor is allowed.
Recording fees and shoppable services chosen from the written list share one aggregate 10% tolerance; only the excess over 110% is refunded.