26-3113 — RESTRICTIONS ON FEES AND CHARGES
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TITLE 26
BANKS AND BANKING
CHAPTER 31
RESIDENTIAL MORTGAGE PRACTICES
26-3113. RESTRICTIONS ON FEES AND CHARGES. (1) With the exception of a
loan cancellation fee, a licensee shall not require a borrower to pay any fees
or charges prior to a residential mortgage loan closing, except:
(a) Charges actually incurred by the licensee on behalf of the borrower
for services which have been rendered by third parties necessary to
process the application. These fees may include, but are not limited to,
fees for credit reports, flood insurance certifications, property
inspections, title insurance commitments, UCC-4 lien searches, and
appraisals;
(b) An application fee;
(c) A rate-lock fee; and
(d) A commitment fee upon approval of the residential mortgage loan.
(2) A loan cancellation fee may be charged and collected by a licensee at
any time either prior to the scheduled closing of a residential mortgage loan
transaction or subsequent thereto.
(3) Any fees charged under the authority of this section must be
reasonable and customary as to the type and the amount of the fee charged.