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This opinion was issued in the 1st quarter of 1999.
It has been the consistent position of the Division that attorney's fees as listed in 209 CMR 32.04(3)(g)1 through 5, in a transaction secured by a residential mortgage, if bona fide and reasonable in amount, are specifically excluded from the finance charge and, therefore, from the calculation of the annual percentage rate. However, in the event that an attorney charges a fee for a service which is not excluded from this section, then the amount of the fee would be considered a finance charge and included in the A.P.R.