E-recording fees are excluded from the finance charge and APR calculations, provided that they are itemized and disclosed and are paid directly to the county recorder (not paid to or through a third party).

For resources related to our guidance, please see:

• Regulation Z, 12 CFR 1026.4(e) (“If itemized and disclosed, the following charges may be excluded from the finance charge: (1) Taxes and fees prescribed by law that actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest.”)

• Official Interpretations, Regulation Z, 12 CFR 1026, Paragraph 4(e), Comment 1(i) (“Sums must be actually paid to public officials to be excluded from the finance charge under § 1026.4(e)(1) and (e)(3). Examples are charges or other fees required for filing or recording security agreements, mortgages, continuation statements, termination statements, and similar documents. . . .”)

• FDIC Compliance Manual, Truth in Lending Act, page 10 (“The APR is a function of: The amount financed . . . . The finance charge . . . . [and] The payment schedule . . . .”)