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Annie Leon
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Can Title Charge for additional recording fee if they are the one that miscounted

Annie Leon
Posted Mar 29 2024, 06:04

On the eve of closing (last night), the escrow assistant informed us that we need to bring additional funds to closing due to two affidavits that need to be recorded in the loan package, for which the recording fees were not collected earlier. My loan officer mentioned that the title company had the complete package four days before the closing, and my cash-to-close amount was confirmed three days prior to the closing date. The funds have already been wired to the title company. My closing is scheduled for in the morning.

It appears that this oversight is the title company's responsibility. Is it permissible to request that they cover the additional cost?

Thank you.

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Caroline Gerardo
  • Lender
  • Laguna Niguel, CA
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Caroline Gerardo
  • Lender
  • Laguna Niguel, CA
Replied Mar 29 2024, 06:44

Good luck getting them to pay your fees last second. Wire the check or your deal doesn't close. The Escrow Officer sent you FINAL settlement dollar amount in writing often they have a pad of $200?? The dollar amounts change daily as items are charged as divided by a 30 day month. I assume the affidavits are about you. Seller's affidavits about BK,  liens, taxes, no new liens in last days should have been ready to go yesterday. Today is a short day because of Good Friday so wire and complain later or you won't be closing until Monday with more funds needed.