And yes, the list can be just one name. It's actually to your benefit to keep the list minimal. That way if the borrower chooses one of the other title companies in town, title fees move from the 10% tolerance box to the box where fees are allowed to change.

I sent the following to David Friend at HUD:
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I can’t imagine how busy you are with the RESPA changes that went into effect in January, but I wanted to bring your attention to the mass confusion at Bankers Online. When you called me a few weeks ago, you indicated you had read a post I made (quoting an email I got from HUD about transfer taxes that was incorrect). Have you been reading the posts lately? Please review this thread that over 1700 posts to it. http://www.bankersonline.com/forum/ubbthreads.php?ubb=showflat&Number=1324593&#Post1324593
If you start at the back and move up, you’ll see numerous posts with inconsistent answers from HUD.

For instance:
I've received some responses to questions I've asked HUD...I thought the replies might be helpful.

1. If the lender does not charge the customer for a credit report does it still have to be disclosed on the GFE and on the HUD as POC Lender?
HUD Rep's answer-If the charge for the credit report is not charged to the borrower it does not have to be disclosed.

2. If an attorney prepares documents such as Mortgage, Exhibit, Notice of Seizure, Cash Sale, where should the fee be disclosed?
HUD Rep's answer was it should be disclosed in Block 4.

3. When and where to disclose property tax on the GFE and HUD 1/1A.
HUD Rep's reply was that the only time property taxes are disclosed on the GFE is those held in escrow, page 2, Block 9. There are two occasions you will have the borrower paying taxes that do not appear on the GFE:
1. Tax payments due at the time of closing.
2. Adjustments between buyer and seller.
In both cases, these must be put either on the HUD1 or HUD1A. You would show the tax adjustment on 107/407 or 211/511 (which ever applies). Tax payments to be dispursed, as in a refinance, should be disclosed in between lines 1302-1305, Additional Settlement Charges, and clearly identified.

Just thought I'd share this...hope it is helpful.

The first two are NOT consistent with the regulation or FAQs.

HUD updated the FAQs on 11/19/09. The December FAQ update changed 1 answer and stated the booklets are now available. Is there any hope for more frequent updates with more information? There are lots of questions that are not answered. I’m advising our clients with the following: “Unless it comes from the regulation or is in the FAQs, I advise not relying on it.”

Thank you for any insight you have on this confusion.
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If I get a response, I'll post it.

Obviously, this is still up for debate, but I believe you should try to get as many services in the 10% tolerance bucket as possible. That way the "grace" of 10% becomes larger. If you only have a few services (flood determination, appraisal and credit report) in there and something is off (let's say the appraisal is off $50), you're more likely to be outside of tolerance and have to reimburse. But if the 10% tolerance bucket includes most things (including the title services which is the highest fees), you're likely to be within your 10% tolerance.

Just my opinion.

What about an assignment fee? Where would that go? In block 4 with title company charges?

You'll have separate disclosures, one pertaining to each transaction. The second will show on the HUD for the 1st in the 200 section...is that what you are asking?

I know its only January, but for my money
This is Post of the Year

A post from 1-15-10 stated, "The email I got from HUD was about transfer taxes, not credit report." I have a question about "transfer taxes" and would appreciate clarification.

RESPA now states that unless state law dictates otherwise, regardless of what is customary or what the purchase contract states, the full amount of the transfer tax/stamps should be disclosed as a charge to the borrower on the GFE:”

I have started to reseach various states but I want to be clear on my understanding. Let's say in a particular state, the law clearly has instructed that the seller is required to pay these taxes. In this instance I would be within the regulation to NOT disclose these taxes on the GFE for the borrower?

Not sure if I understand. We will not be charging any fees on the 2nd REM since the costs were included for the 1st REM. So, do we have to show the fees even though we're not charging them on the 2nd REM or can we just put zeroes? I was reading in the FAQs that for "no cost" loans a credit should be listed in Block 2, which would result in a negative number in Block A. Does this make sense?