Closing questions

How are title fees shown on a Loan Estimate?

Section C holds shoppable title services, Section E holds recording and transfer taxes. How to read New York title lines and compare them to the final numbers.

How are title fees shown on a Loan Estimate?

Quick Answer

Title charges appear in two places on a Loan Estimate. Section C holds services the borrower can shop for, including the search and the settlement fee, and the owner's policy when it is optional. Section E holds recording charges and transfer taxes. Premiums sit under the title company's line items.

Loan Estimate sections are organized by who controls the charge and whether the borrower can shop for it. Section B is services the borrower cannot shop for. Section C is services the borrower can shop for, which is where the title search, settlement fee and most title lines sit in New York.

Section E is taxes and government fees: recording charges, and in New York the transfer taxes and the mortgage recording tax where they fall on the borrower. These are set by statute and by the city and county, so they are not negotiable and not shoppable.

Tolerance rules make the sections matter. Charges the borrower did not shop for are held to tighter tolerances than charges in Section C where the borrower chose a provider off the written list. A charge that appears late or grows past tolerance can require a lender credit or a redisclosure.

The owner's policy line is a frequent point of confusion. Where an owner's policy is optional it is disclosed as optional, and the disclosed figure may be calculated differently from the actual filed premium when both policies are issued together. Ask for the actual figures rather than reading the disclosure alone.

Compare the Loan Estimate to the Closing Disclosure and to the settlement statement side by side. If a title line moved between sections or changed amount, that is the question to ask before closing rather than after funds move. Your attorney can tell you which movements are ordinary and which ones point to a tolerance problem the lender has to cure.

Which title charges can a borrower shop for?

Generally the ones in Section C: the title search, the settlement or closing fee, and the related title services, chosen from the lender's written list of providers or from a provider the borrower finds. Recording charges and transfer taxes in Section E are set by government and cannot be shopped.

Why does the owner's policy line look different at closing?

Because the disclosure convention for an optional owner's policy does not always match the filed premium calculation used when an owner's policy and a lender's policy are issued on the same closing. The total charged should still follow the rate manual. Ask for both figures and the calculation behind them.

What else should you read before closing?

In the glossary

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