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Lender Surcharges are Legal

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Farm Gal

Elite Member
Jan 14, 2002
Professional Status
Licensed Appraiser
Hmmm.. and for HUD loans?


I wonder if state laws against consumer fraud have been violated.

Caterina Platt

Senior Member
Jan 17, 2002
Professional Status
Certified Residential Appraiser
New Mexico
I can't help but disagree with this 'ruling'. Whether you call it an upcharge, windfall, or unearned fee, $50 went to the mortgage company for a service which they did not perform. $15 went to the credit burea for the merged report. The mortgage lender has the consumer over a barrel as they won't accept a credit report that you have pulled off the internet, or a hard copy mailed directly from the bureau, only the one they acquire. This interpretation would also allow the lender charging $500 for the appraisal for which the lender paid $350. It would require a 'third party' or 'kickback'. So what rare case would this actually apply? The title company makes a deal with the lender to use their appraiser and splits a portion of the $150 upcharge???? Sorry guys, I'm not seeing that happen. This distorted interpretation has just taken the guts right out of RESPA. So it's OK to screw the consumer as long as the lender is greedy and doesn't share it with anyone???
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