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#2120600 - 03/06/17 03:16 PM Cushion
George Offline
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Joined: Apr 2016
Posts: 364
I have a question that I haven't been able to find the answer to, and am wondering if anybody can shine some light for me. On our annual statements, we have verbiage that states:

"Under Federal Law, your lowest monthly balance should not have exceeded $XXX or 1/6 of anticipated payments..."

My question is, what happens IF the lowest balance is less than $XXX or 1/6?

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Escrows on Higher-Priced Mortgages
#2120601 - 03/06/17 03:20 PM Re: Cushion George
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Lower is fine, higher is not.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2120624 - 03/06/17 04:46 PM Re: Cushion George
George Offline
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Joined: Apr 2016
Posts: 364
Sorry, Dan. Yes, I meant if it exceeds that threshold? I was typing faster than my mind was thinking, was only on my first cup of coffee.

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#2120999 - 03/08/17 02:22 PM Re: Cushion George
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
The low balance should be no more than 1/6 of the annual disbursements. Otherwise, there is a violation of 1024.17. An exception is permitted, though, if the borrower has specifically requested (in writing) a larger escrow payment amount, generally in order to anticipate escrow shock when real estate gets re-assessed for taxes after improvements. That request is only valid until the next annual escrow analysis/statement.
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John S. Burnett
BankersOnline.com
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#2121302 - 03/09/17 06:51 PM Re: Cushion George
George Offline
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Joined: Apr 2016
Posts: 364
Thank you, John, I appreciate it sir!

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