May such agents or agencies use their underwriters’ filed closing fees? If they can, are they exempt from the above closing fee filing requirement?
Yes. If an underwriter has filed closing fees (and indicated they may be used by agents or agencies), it is permissible for the agent or agency to use their underwriter’s filed fees. However, agents or agencies should be careful in cases where they have more than one underwriter, as they cannot use one underwriter’s fees for another underwriter’s file. Additionally, if the agent charges any fees not on the underwriter’s filing (e.g. tax certificates), they must have those fees filed with the Division.
