The U.S. Supreme Court ruled in May 2012 on a case resulting from Quicken Loan (discount fee) customers that “administrative” and “unearned” fees charged by lenders and other service providers like real estate brokers are fully constitutional, provided that they are not split with other parties.
Basically, if a fee is charged and not split with another institution, it is legal but “should” be disclosed up front and explained…(but will it?)
Sources: http://investing.bryanellis.com/2218/supreme-court-approves-lenders-and-servicers-unearned-fees/
http://www.docutechcorp.com/supreme-court-rules-on-mortgage-fee-case