Does ownership of a home used as a primary residence come into play for escrow purposes?

Borrower lives in home owned by his brother.
It is borrower's primary residence, but the mortgage is given by brother.

If rate results in a HPML, does the Bank have to escrow?

Thanks in advance.

So your having the owner grant the lien right?
Your taking a lien against the owners primary residence. Give all of the disclosures including ROR.

I disagree. This does not appear to be the brother's (who owns the house) primary residence. This is also not the borrower's dwelling.

I agree with Randy. The brother, who's pledging the home as security, does not meet the definition of a consumer as defined in 226.2 and its Commentary.

Correct. The brother, who owns the home and gave the security interest (mortgage), does NOT live in the home. The borrower, who does not own the home, lives there.

So, is it the consensus that escrow does not apply?

Escrow requirements of 226.35 apply to loans secured by a first lien in the consumer's primary dwelling. The loan described above is not secured by a consumer's primary dwelling.