With no explanation, chose the best option from "A", "B", "C" or "D". which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction.” 15 U.S.C. § 1605(d)(1). Plaintiffs have offered evidence that, although $36.50 was collected from Horn for the recording, the Westchester County filing fee was only $34. (See Pls.' Intervention Ex. 2). If true, the overpayment of $2.50 should have been included in the finance charge. See, e.g., Frazier v. Accredited Home Lenders, Inc., 607 F.Supp.2d 1254, 1262 (M.D.Ala.2009) (finding overpaid portion of title-insurance fee not bona fide and therefore should have been included in the finance charge); see also Payton v. New Century Mortg. Corp., No. 03 C 333, 2003 WL 22349118, at *4 (N.D.Ill. Oct. 14, 2003) (<HOLDING>). With respect to the Facsimile Fee, as

A: holding police officer is a public official
B: 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
C: holding that only the actual recording fee paid to a public official was properly excluded from the finance charge
D: holding that attorneys fees may be awarded against a public official even when the official is immune from money damages
C.