in their memorandum of law that any inaccurate disclosures with respect to the recording and filing fees were overstatements and therefore "not considered material disclosure violations under Regulation Z,” (see ECF No. 19-2, Def. Mem. at 11), defendants appear to have abandoned this argument in their reply brief, (see ECF No. 21, Def. Reply at 2-5). In any event, this argument is meritless because the case law supports the proposition that overcharging a borrower for recording and filing fees constitutes an understatement of the finance charge. See McAnaney v. Astoria Fin. Corp., 665 F.Supp.2d 132, 148 n. 16 (E.D.N.Y.2009); see also Payton v. New Century Mortg. Corp., Nos. 03 C 333, 03 C 703, 2003 WL 22349118, at *4, 2003 U.S. Dist. LEXIS 18366, at *12-13 (N.D.Ill. Oct. 10, 2003) (<HOLDING>); Frazier v. Accredited Home Lenders, Inc., 607
holding that attorneys fees may be awarded against a public official even when the official is immune from money damages holding that only the actual recording fee paid to a public official was properly excluded from the finance charge holding that federal express fee required by lender was a transaction imposed by the lender as incident to the extension of credit and needed to be disclosed within the finance charge holding that where a public official takes discretionary action that the official knows will directly benefit a financial interest that the official has concealed in violation of a state criminal law that official has deprived the public of his honest services under  1346 holding police officer is a public official