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Fee On TRID Transaction Omitted from LE

Question: 
If a fee that is normally charged on a TRID transaction is inadvertently omitted from the LE but added to the CLoD, would that be subject to a cure of the entire amount? Example, the fees for lender's title insurance, the settlement/closing fee, recording fees were completely omitted from the LE that was delivered to the applicant. Even though these fees are normally subject to a 10% tolerance, shouldn't they be totally cured since they were not disclosed on the LE?
Answer: 

Answer by John Burnett:

For costs in the 10% category, you determine the total disclosed on the LE and increase that amount by 10%. That's your limit for 10% costs. Subtract that limit from the total of the actual 10% costs (from the CloD) to determine the "cure" needed for those costs. You don't look at each item individually.

If you had no 10% costs on the LE (unlikely), you'd have to cover all of the actual 10% costs.

Answer: 

Answer by Dan Persfull:

If they were not disclosed then 10% of 0 is 0 so yes you would be looking at 100% cure.

Answer: 

Answer by John Burnett:

Recording fees are one of the 10% costs you probably did not omit, right? What other 10% costs do you have on the LE?

First published on 10/08/2017

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