[elebra]

All KY court clerk fees will increase 1-1-20. We have collected the current mortgage release fee of $13 on all loans currently on the books. On 1-1-20, the fee will increase to $46. When our current booked loans pay off, do we have to eat the $33 difference or can we add $33 to the payoff?

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[rcooper]

We believe the bank should absorb the difference of $33.00 between what was collected at origination and the actual cost of release. If the note or mortgage specifically allows you to collect the higher amount then you may be able to collect it as part of the payoff, but it is unlikely that the documents address the higher fee. If such language is included in the note consult your attorney on what would be permitted.

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