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A borrower's Loan Estimate shows a $400 flood determination fee in the 'Services Borrower Cannot Shop For' section. At closing, the actual fee is $425. The lender did not shop for this service. What is the result?

Correct Answer

B) $25 tolerance violation - this is a 10% tolerance category fee

Fees for services the borrower cannot shop for fall under the 10% cumulative tolerance category. The $25 increase would count toward the 10% tolerance threshold calculation based on the total loan amount, not as a zero tolerance violation.

Answer Options
A
No tolerance violation - flood determination fees are exempt from tolerance requirements
B
$25 tolerance violation - this is a 10% tolerance category fee
C
$25 tolerance violation - this is a zero tolerance category fee
D
No tolerance violation if the increase is due to market rate changes

Why This Is the Correct Answer

Fees for services the borrower cannot shop for fall under the 10% cumulative tolerance category. The $25 increase would count toward the 10% tolerance threshold calculation based on the total loan amount, not as a zero tolerance violation.

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