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#1768331 - 12/18/12 06:03 PM Escrow Shortgage
Patricia Offline
Gold Star
Joined: Mar 2011
Posts: 335
Kansas
I am looking at a loan that has not had any projections since 2010. This loan has a shortgage of $2700.00 resulting in an increase of $300.00 for the monthly escrow payment. It looks like this loan has had a negative escrow balance for a long time because it has never adjusted for any increases in taxes/insurance. Another problem I found is this loan has not had an analysis generated since 2009. That's a another story I won't go into here. To me this is going to be a payment shock to the borrower and I am wondering if the customer can afford such an increase. Any suggestions of what the bank should do?

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RESPA
#1768341 - 12/18/12 06:09 PM Re: Escrow Shortgage Patricia
Dan Persfull Online
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Dan Persfull
Joined: Aug 2002
Posts: 47,531
Bloomington, IN
Sounds like the bank has failed to meet its regulatory requirements under RESPA.

Offer the borrower a no fee low interest loan to pay the shortage. Then be sure the required annual analysis is ran going forward.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1768357 - 12/18/12 06:16 PM Re: Escrow Shortgage Patricia
Patricia Offline
Gold Star
Joined: Mar 2011
Posts: 335
Kansas
Dan you are right bank is really out of compliance with RESPA.
Thanks.

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#1769261 - 12/20/12 03:49 PM Re: Escrow Shortgage Patricia
ahkcompliance Offline
Diamond Poster
Joined: Sep 2008
Posts: 2,474
Midwest
You may need to check your settings with your processor. I know we ran into this problem awhile ago. I can't recall the exact problem we had but it was due to coding. Luckily for us, we only had a handful of loans that hadn't gone through analysis. If your system will allow, you should try to pull a report to identify any other loans that have not had analysis in over a year.

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