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Must seller-paid loan costs and other costs be included in the borrower's separate Closing Disclosure?

Must seller-paid loan costs and other costs be included in the borrower's separate Closing Disclosure?

For purchase mortgages, closing disclosures must be provided to both the seller and the borrower. The disclosures may be provided as a combined document that includes both the seller and borrower disclosures or as separate documents, one with the seller disclosures for the seller and a second with borrower disclosures for the borrower.
Seller-paid loan costs and other costs must be disclosed on the borrower's Closing Disclosure, whether or not the seller receives a separate Closing Disclosure. The rule's provisions that permit the separation of borrower and seller information specify which disclosures may be omitted. Seller-paid loan costs and other costs are not included in that list so they must be included on the borrower’s Closing Disclosure. See 1026.38(g)(4). (November 2016)

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