I am sure I am missing something so I hope you can ease my confusion. Under the new rules if a borrower selects a service provider you had listed under Services You Can Shop For and is disclosed that way, on the Closing Disclosure this must be moved to the Services You Can't Shop For. The fees under Services You Can't Shop For can not be off by 10% or more in the aggregate from the Loan Estimate. If you move a fees from Services You Can Shop For to Services You Can't Shop For, won't this throw the aggregate total out by more than 10%, especially if it is title related?

Some fees on the Closing Disclosure in the "Services Borrower Did Not Shop For" section will be 0% increase (Appraisal, Credit Report, etc.) and services that flipped from Shoppable to non-shoppable will be 10% aggregage increase.

My point is all fees in section B on the Closing Disclosure may not fit into just one tolerance catagory.

ON the closing disclosure, the section is labeled "Services Borrower Did Not Shop For," not "Can't Shop For."

The LE simply states whether shopping COULD occur (Section C). The CloD then indicates whether shopping actually DID occur (Section C). If shopping COULD occur but DID NOT the fee belongs in Section B of the CloD.