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
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
- Closing DisclosureThe federal disclosure listing a residential borrower's loan terms, closing costs and cash to close. It is delivered at least three business days b...
- Closing statementThe itemized accounting of every credit, debit and disbursement at a closing. Commercial deals use a HUD-1 or ALTA settlement statement; consumer m...
- Premium (title insurance)The one-time charge for a title policy, computed from the filed New York rate schedule by amount of insurance, plus any endorsement and search-rela...
- RecordingFiling an instrument with the register or county clerk so it becomes part of the public record. Recording establishes priority against later purcha...
- Mortgage recording taxThe New York tax due when a mortgage is recorded, computed on the new money secured. A CEMA is the standard structure used to reduce the taxable am...
Questions this raises
- What is the difference between the ALTA settlement statement and the Closing Disclosure?The Closing Disclosure is the lender's borrower form. The ALTA statement is the agent's full accounting for both sides. How to reconcile them befor...
- How much does title insurance cost in New York?NY title premiums come from the TIRSA rate manual approved by DFS, so every licensed agent charges the same. What actually changes your closing num...
- Who pays for title insurance in New York?In New York the buyer customarily pays for the owner's policy, the lender's policy, searches and recording. What the contract can shift, and what i...
The statute itself
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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.