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Which Fees Can Change After the Loan Estimate

QUICK SUMMARY

Regulation Z sorts Loan Estimate charges into three tolerance groups, fees that cannot increase, fees that can increase only within a combined 10 percent limit, and fees that can change with the facts, and when a charge exceeds its limit the lender cures the excess, usually with a credit or refund.

A Loan Estimate is a good-faith estimate, but good faith has a legal definition. Federal rules measure the estimate against what the borrower actually pays at closing and set limits on how much each kind of charge can rise. Those limits are called tolerances.

Knowing the three groups helps a borrower read the Closing Disclosure. An increase in one group is a violation the lender must fix. An increase in another is normal. The difference depends on who controls the fee and whether the borrower chose the provider.

The rules come from Regulation Z, 12 CFR 1026.19(e)(3). Source: 12 CFR 1026.19.

Group one: charges that cannot increase

Some charges must match the Loan Estimate at closing, with no increase allowed. In general, this group includes:

  • The lender's own charges, such as origination fees, underwriting fees, and discount points.
  • Charges paid to a mortgage broker.
  • Charges paid to an affiliate of the lender or broker.
  • Charges for third-party services the borrower was not allowed to shop for, such as an appraisal or credit report ordered by the lender's chosen provider.
  • Transfer taxes.

The logic is control. The lender either sets these fees itself or picks the provider, so the lender is expected to know the cost when it issues the estimate. If one of these charges rises at closing without a valid reason, the lender pays the difference.

Group two: the 10 percent bucket

A second group can increase, but only in total, and only up to 10 percent above the sum shown on the Loan Estimate. This group generally includes:

  • Recording fees.
  • Charges for third-party services the borrower was allowed to shop for, when the borrower chose a provider from the lender's written list of providers.

The 10 percent limit applies to the group as a whole. One fee can rise and another can fall, and the test compares the total at closing to the total on the estimate. Individual lines can move as long as the combined total stays within the limit.

The logic here is shared responsibility. The lender gave the list, so the lender is expected to estimate those providers' costs reasonably well. The borrower picked from it, so some movement is allowed.

Group three: charges that can change

The third group has no fixed tolerance, as long as the original estimate was made in good faith with the best information available. This group generally includes:

  • Prepaid interest, which depends on the funding date.
  • Property insurance premiums, which depend on the policy the borrower chooses.
  • Amounts placed into escrow, which depend on tax and insurance figures.
  • Charges for services the lender requires when the borrower shopped and chose a provider who was not on the lender's written list.
  • Charges for services the lender does not require.

The logic is that these amounts depend on facts outside the lender's control, often on the borrower's own choices.

The written list of providers and title in Texas

When the lender lets a borrower shop for a service, it provides a written list of providers. In a Texas purchase, title services are often the main shoppable item, along with the survey in some files.

Choosing a title company that is not on the list moves its fees from the 10 percent group to the group that can change. That is a reason to look at the list before choosing. Shopping is still worth doing. In Texas, many title insurance premiums are promulgated by the Texas Department of Insurance, so the premium itself is regulated, while other title-related fees can vary by company.

In a resale contract, the title company is often named in the contract, chosen by the parties during negotiation. The lender's list and the contract's choice may differ. Asking early how the chosen title company fits the tolerance groups avoids confusion later.

What can reset a tolerance

A tolerance is measured against the estimate in effect. A valid revised Loan Estimate can reset the baseline for the charges it affects. Regulation Z allows revisions for specific reasons, including:

  • A changed circumstance that affects settlement charges, such as an appraisal that changes the loan amount.
  • A changed circumstance that affects eligibility.
  • A revision the borrower requested, such as a different program or down payment.
  • A rate lock, which can change the rate, points, and lender credits.
  • An estimate that expired because the borrower did not indicate intent to proceed in time.

The revision has timing rules, and it resets only the charges tied to the event. A rate lock resets rate-dependent charges and leaves the appraisal fee alone. A revised estimate that raises an unrelated lender fee is not supported by the event.

How a violation gets cured

If a charge exceeds its tolerance at closing, the lender cures the excess. Most often that is a credit on the Closing Disclosure, shown in a labeled spot that states the amount exceeds the legal limit. If the problem is found after closing, the lender must refund the excess within the time Regulation Z allows after consummation and provide a corrected disclosure.

A seller credit cannot cure a lender tolerance problem. A seller credit is a contract term between buyer and seller. The tolerance obligation belongs to the lender.

The escrow deposit

The initial escrow deposit often looks different at closing than on the estimate. Property tax figures get refined once the title company confirms the tax bill, the closing date sets how many months must be collected, and the insurance premium may be final only near closing. Those amounts are in the group that can change, so the difference is allowed.

Understanding the mechanism still helps. The escrow deposit funds the account the servicer uses to pay future tax and insurance bills, and its size depends on when those bills come due relative to the first payment. A change in that figure usually traces to a change in the tax estimate, the premium, or the closing date.

Two changes, two kinds of surprise

Fictional example: consider a Loan Estimate showing a lender fee. At the Closing Disclosure, that lender fee is higher, and nothing about the loan changed. That increase is a zero-tolerance violation. The cure is a lender credit.

In the same file, the homeowners insurance premium came in higher than the estimate because the buyer chose a lower deductible. That increase can stand. It sits in the group that can change, and it resulted from the buyer's own choice.

Reading your Closing Disclosure for tolerance issues

  • Compare section A, origination charges, line by line with the latest Loan Estimate. Any increase needs a valid revision behind it.
  • Check section B for services the lender chose. These should also match unless a revision explains the change.
  • Add up section C and recording fees if you used a provider from the list, and compare the total to the estimate.
  • Look for a lender credit labeled as exceeding the legal limit, which indicates a cure already applied.
  • Ask about any increase during the three-business-day waiting period, while it can still be fixed.

Common misunderstandings

The truth sits between "nothing can change" and "everything is a guess." The three groups describe which fees are locked, which are capped as a group, and which follow the facts.

Borrowers sometimes read a higher cash to close as proof that a tolerance was broken. Cash to close moves for many reasons that sit outside the tolerance groups entirely: a larger down payment after a low appraisal, a different tax proration, a smaller seller credit after renegotiation, or a change in the earnest money credited. The tolerance test looks only at specific charges against the estimate in effect. The Calculating Cash to Close table on the disclosure shows which line moved, and that is the place to start the question.

Agents sometimes assume the lender can absorb any increase to keep a deal together. The lender's cure obligation covers charges that broke their tolerance. Other increases are part of the transaction and are handled through the contract, a revised structure, or the borrower's funds.

The specific rules

  • Tolerance groups. The zero, 10 percent and good-faith groups are set in 12 CFR 1026.19(e)(3).
  • Revisions. A revised Loan Estimate based on a valid reason must be provided within three business days of the lender receiving the information that supports it (12 CFR 1026.19(e)(4)). See changed circumstances.
  • Cures. If amounts paid exceed the limits, the lender must refund the excess no later than 60 days after consummation, with a corrected Closing Disclosure (12 CFR 1026.19(f)(2)(v)).
  • Texas title premiums. Premiums are set by the Commissioner of Insurance, so the same policy carries the same premium at any title company (Texas Insurance Code 2703.151). See the title company's role.

Common mistakes

  • Comparing the Closing Disclosure to the first Loan Estimate instead of the latest valid one.
  • Treating any higher cash to close as a tolerance violation.
  • Choosing a title company off the written list without realizing its fees leave the 10 percent group.
  • Waiting until the signing table to ask about an increase.

Next step

If a fee on your Closing Disclosure is higher than your Loan Estimate and you want to know whether it is allowed, send me both and I will check each line against its tolerance group. Book a call, or start an application.

Related questions

Sources

Links checked Oct 21, 2026.

About the author: McKade Lively, NMLS 2704474, American Pacific Mortgage Corporation dba True North Home Loans, NMLS 1850.

Equal Housing Opportunity.

Last reviewed: Oct 2026

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McKade Lively, NMLS #2704474. Equal Housing Opportunity.