Ok, so here's the situation, we have a customer that first approached FSA and they ordered title work and appraisal. I don't know the details on how this happened, but the customer now wants us to do the construction perm loan and FSA has agreed to be in second position to us and we are using their appraisal and title work. If we know that there will not be a charge at the time of issuing the LE do we still list those fees since they are typical in a real estate transaction or do we not list them on there? And if we do list them on the LE then do POC for Closing Disclosure or not listed at all for the CD?

If the fee is not paid in association with your loan, there is no need to disclose it. If you can get an appraisal assigned to you from another bank or if you require a survey and the borrower already has one that is acceptable, the costs for the appraisal and survey would not appear on the LE or CD.