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#355163 - 05/03/05 10:53 PM Disclosing Assignment Fee
Runreb Offline
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Runreb
Joined: Apr 2002
Posts: 480
Two questions:
1.What is the correct way to disclose an assignment fee for a mortgage loan on GFE and HUD? I've heard that some closing attorneys lump the recording fee and assignment fee together. Should recording fee be on 1201 and assignment on 1204 or 1205, or is it ok to disclose all on 1201.

2.Is county court's assignment fee, albeit a small fee, required to be included/excluded from finance charge?
Thanks

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#355164 - 05/04/05 01:43 PM Re: Disclosing Assignment Fee
GreatBlue Offline
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GreatBlue
Joined: Feb 2003
Posts: 2,362
Colorado
1. By assignment fee do you mean the fee to record the assignment of the mortgage? It should be itemized separately and included as a finance charge.

2. What's a county court's assignment fee?
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#355165 - 05/04/05 01:46 PM Re: Disclosing Assignment Fee
Runreb Offline
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Runreb
Joined: Apr 2002
Posts: 480
As I understand the county court assessess the fee to the bank for assigning the deed and bank passes it to borrower?

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#355166 - 05/04/05 02:04 PM Re: Disclosing Assignment Fee
GreatBlue Offline
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GreatBlue
Joined: Feb 2003
Posts: 2,362
Colorado
That sounds like a finance charge to me. It isn't a fee for "perfecting, releasing, or satisfying a security interest."
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#355167 - 05/04/05 03:03 PM Re: Disclosing Assignment Fee
TB 12 Offline
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TB 12
Joined: Feb 2005
Posts: 6,559
Foxboro
The fee is for the recording of the assignment at the registry of deeds. The fee is included as a finance charge, and should be listed seperately. FWIW, FHA and VA does not allow this fee to be charged to the customer.
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#355168 - 05/04/05 10:54 PM Re: Disclosing Assignment Fee
Runreb Offline
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Runreb
Joined: Apr 2002
Posts: 480
Am I assuming correctly that we would have to instruct all of our closing attorneys in all markets that the fees must be separated on the HUD-1? There are some attorneys that lump the assignment fee in the recording fee line 1201. Thanks

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