12 U.S.C. § 2609 | Limitation on requirement of advance deposits in escrow accounts

(a)

In general

A lender, in connection with a federally related mortgage loan, may not require the borrower or prospective borrower—

(1)

to deposit in any escrow account which may be established in connection with such loan for the purpose of assuring payment of taxes, insurance premiums, or other charges with respect to the property, in connection with the settlement, an aggregate sum (for such purpose) in excess of a sum that will be sufficient to pay such taxes, insurance premiums and other charges attributable to the period beginning on the last date on which each such charge would have been paid under the normal lending practice of the lender and local custom, provided that the selection of each such date constitutes prudent lending practice, and ending on the due date of its first full installment payment under the mortgage, plus one-sixth of the estimated total amount of such taxes, insurance premiums and other charges to be paid on dates, as provided above, during the ensuing twelve-month period; or

(2)

Provided, however to deposit in any such escrow account in any month beginning with the first full installment payment under the mortgage a sum (for the purpose of assuring payment of taxes, insurance premiums and other charges with respect to the property) in excess of the sum of (A) one-twelfth of the total amount of the estimated taxes, insurance premiums and other charges which are reasonably anticipated to be paid on dates during the ensuing twelve months which dates are in accordance with the normal lending practice of the lender and local custom, provided that the selection of each such date constitutes prudent lending practice, plus (B) such amount as is necessary to maintain an additional balance in such escrow account not to exceed one-sixth of the estimated total amount of such taxes, insurance premiums and other charges to be paid on dates, as provided above, during the ensuing twelve-month period: , That in the event the lender determines there will be or is a deficiency he shall not be prohibited from requiring additional monthly deposits in such escrow account to avoid or eliminate such deficiency.

(b)

Notification of shortage in escrow account

section 2605(i) of this titleIf the terms of any federally related mortgage loan require the borrower to make payments to the servicer (as the term is defined in ) of the loan for deposit into an escrow account for the purpose of assuring payment of taxes, insurance premiums, and other charges with respect to the property, the servicer shall notify the borrower not less than annually of any shortage of funds in the escrow account.

(c)

Escrow account statements

(1)

Initial statement

(A)

In general

Any servicer that has established an escrow account in connection with a federally related mortgage loan shall submit to the borrower for which the escrow account has been established a statement clearly itemizing the estimated taxes, insurance premiums, and other charges that are reasonably anticipated to be paid from the escrow account during the first 12 months after the establishment of the account and the anticipated dates of such payments.

(B)

Time of submission

The statement required under subparagraph (A) shall be submitted to the borrower at closing with respect to the property for which the mortgage loan is made or not later than the expiration of the 45-day period beginning on the date of the establishment of the escrow account.

(C)

Initial statement at closing

section 2603 of this title section 2603 of this titleAny servicer may submit the statement required under subparagraph (A) to the borrower at closing and may incorporate such statement in the uniform settlement statement required under . The Bureau shall issue regulations prescribing any changes necessary to the uniform settlement statement under that specify how the statement required under subparagraph (A) of this section shall be incorporated in the uniform settlement statement.

(2)

Annual statement

(A)

In general

Any servicer that has established or continued an escrow account in connection with a federally related mortgage loan shall submit to the borrower for which the escrow account has been established or continued a statement clearly itemizing, for each period described in subparagraph (B) (during which the servicer services the escrow account), the amount of the borrower’s current monthly payment, the portion of the monthly payment being placed in the escrow account, the total amount paid into the escrow account during the period, the total amount paid out of the escrow account during the period for taxes, insurance premiums, and other charges (as separately identified), and the balance in the escrow account at the conclusion of the period.

(B)

Time of submission

November 28, 1990The statement required under subparagraph (A) shall be submitted to the borrower not less than once for each 12-month period, the first such period beginning on the first January 1st that occurs after , and shall be submitted not more than 30 days after the conclusion of each such 1-year period.

(d)

Penalties

(1)

In general

1 So in original. Probably should be subsection “(c)”.

In the case of each failure to submit a statement to a borrower as required under subsection (c), the Secretary shall assess to the lender or escrow servicer failing to submit the statement a civil penalty of $50 for each such failure, but the total amount imposed on such lender or escrow servicer for all such failures during any 12-month period referred to in subsection (b)  may not exceed $100,000.

(2)

Intentional violations

If any failure to which paragraph (1) applies is due to intentional disregard of the requirement to submit the statement, then, with respect to such failure—

(A)

the penalty imposed under paragraph (1) shall be $100; and

(B)

in the case of any penalty determined under subparagraph (A), the $100,000 limitation under paragraph (1) shall not apply.

Pub. L. 93–533, § 10Dec. 22, 197488 Stat. 1728 Pub. L. 94–205, § 8Jan. 2, 197689 Stat. 1158 Pub. L. 101–625, title IX, § 942(a)Nov. 28, 1990104 Stat. 4411 Pub. L. 104–208, div. A, title II, § 2103(g)(2)Sept. 30, 1996110 Stat. 3009–401 Pub. L. 111–203, title X, § 1098(8)July 21, 2010124 Stat. 2104(, , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 111–203 12 U.S.C. 2609(c)2010—Subsec. (c)(1)(C). , which directed amendment of “section 10(c) ( and (d))” by substituting “Bureau” for “Secretary”, was executed by making the substitution only in subsec. (c) as directed.

Pub. L. 104–208November 28, 19901996—Subsec. (c)(1)(C). substituted “The Secretary” for “Not later than the expiration of the 90-day period beginning on , the Secretary” in second sentence.

Pub. L. 101–6251990— designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (d).

Pub. L. 94–2051976— provided that in addition to amounts required for the payment of taxes, insurance premiums, and other charges due at settlement, the buyer could not be required at settlement to place into an escrow account more than one-sixth of the estimated total amount of such taxes, insurance premiums, and other charges payable within a twelve month period beginning on the date of settlement, but the buyer could be required to make monthly payments into an escrow account sufficient to maintain a surplus of one-sixth of the estimated total amount payable in the coming twelve month period.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–203 section 1100H of Pub. L. 111–203 section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.

Effective Date of 1976 Amendment

Pub. L. 94–205Jan. 2, 1976section 12 of Pub. L. 94–205 section 2602 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Dec. 22, 1974section 20 of Pub. L. 93–533 section 2601 of this titleSection effective 180 days after , see , set out as a note under .