Mortgage Escrow Accounts
Mortgage escrow accounts have been in the news lately and seem to be greatly
misunderstood by many consumers. The original idea behind mortgage escrow
accounts was to protect the interests of homeowners and have been serving that purpose
for more than 50 years.
The History of Escrows
Mortgage escrow accounts came into being more than 50 years ago. In the
1930's, many Americans were losing their homes in foreclosures because of late
tax payments. To help ease the burden on homeowners who had to come up with
large, lump sum payments at tax time, lenders agreed to take on the
responsibility by collecting smaller monthly sums from homeowners along with
their mortgage payment. In 1934, the government mandated that lenders manage
escrows on all FHA insured mortgages. This then became the standard practice
for all mortgages.
Why Mortgage Escrows?
Mortgage escrow accounts ensure that homeowners' property taxes, fire and
hazard insurance premiums, mortgage insurance premiums and other escrow items
are paid in a timely fashion. They are a guarantee that there is always enough
money to pay these bills when they are due so that the homeowner avoids the
risk of lapsed insurance coverage or delinquent taxes.
Who's Protecting The Homeowner?
Escrows are governed by the Real Estate Settlement Procedures Act of 1974 (RESPA),
administered by the U.S. Department of Housing and Urban Development (HUD).
Lenders must manage their escrow accounts in compliance with this federal law
and with the interpretations set out by HUD.
In addition, the 1990 Housing Bill requires lenders to issue itemized
statements of escrow accounts to borrowers on an annual basis. While many
lenders are already providing homeowners with regular statements of their
escrow accounts, the new law should ensure that every lender follows this
practice.
Who Should You Talk To?
Escrows, as practiced by the nation's lenders, protect both the
borrower and the lender. Borrowers who have questions or concerns about their
escrow accounts should talk to their lenders immediately. Consumers who know
the purpose of escrows and are aware of the benefits they provide, are the best
insurance against misunderstandings between borrowers and lenders or misleading
information from any source. How Does The Lender Come Up With My
Payment?
The law is very specific in setting limits on the amount the lender may
collect. The lender may require a monthly payment of 1/12 of the total amount
of estimated taxes, insurance premiums and other charges reasonably anticipated
to be paid. Plus, the lender may collect an additional balance of not more than
1/6 of the estimated annual payments. If the lender determines there will be or
is a deficiency in the escrow accounts, the law permits the lender to require
additional monthly deposits to avoid or eliminate the deficiency.
What Happens When My Loan Is
Transferred? When the servicing of your loan transferred to another lender, the new lender takes on the responsibility of managing your escrow account. At that time, the new lender may examine your escrow account to make sure the funds being collected are sufficient to cover all payments that are to be made. If the new lender feels that the amount collected must be adjusted, you will be notified of the change in your monthly payment.
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