Feature Updates and Enhancements in 23.3 Major Release

Lender obligated fees, fees charged directly to the Lender (i.e., user-defined fee paid to a government agency), are non-consumer obligated fees. The expectation for Lender obligated fees is that ECS does not return a FAIL and that Encompass does not fire a Good Faith Fee Variance Violated alert if the fee increased after a disclosure. However, both systems treated the fees listed below as consumer obligated fees paid by Lender Credit instead of the fees being Lender obligated, which falls under the Charges that Can Change category.

• Section 800. Items Payable in Connection with Loan
  • Line item 834
  • Line item 835

• Section 1100. Title Charges
  • Line item 1115
  • Line item 1116

• Section 1200. Government Recording and Transfer Charges
  • Line item 1209
  • Line item 1210

In this release, ECS has been updated to treat the above line items as Lender obligated and it does not return a FAIL if the fee increases after a disclosure.

CE-49344