A customer shorted us on his escrow payment but paid the full P&I that was due. Can the loan be shown as past due or does one of the regs require us to bump the due date because the P&I was paid?

None payment of escrow might be a default in your loan agreement, but it does not impact the fact that the actual loan is paid up to date.

This would only be a partial payment, wouldn't it? I'd think it depends on your partial payment policy. Or is there an FCRA requirement that I'm missing?

1026.36(c)(1)Periodic payments. No servicer shall fail to credit a periodic payment to the consumer's loan account as of the date of receipt, except when a delay in crediting does not result in any charge to the consumer or in the reporting of negative information to a consumer reporting agency, or except as provided in paragraph (c)(1)(iii) of this section. A periodic payment, as used in this paragraph (c), is an amount sufficient to cover principal, interest, and escrow (if applicable) for a given billing cycle. A payment qualifies as a periodic payment even if it does not include amounts required to cover late fees, other fees, or non-escrow payments a servicer has advanced on a consumer's behalf.

It depends on what your payment order is. If it's interest/principal/escrow, then they are current on their loan and short on the escrow. If it's interest/escrow/principal (always what I recommend), then the escrow is funded and they are past due on the loan.

But, starting in October when the changes to the servicing rule takes effect, won't non-payment of escrow make a loan delinquent under 1024.31? Or am I reading the new definition of delinquency wrong?

A loan being past due is based on your loan contract. Reporting a loan as past due to the credit bureaus, treating it as past due internally and applying the RESPA mortgage servicing rules are not necessarily all the same thing.

So let's say a borrower's periodic payment is $1500. Let's say it's $1000 toward principle, $300 interest, $200 escrow. If the borrower sends you $1300 and your partial payment policy is to put the funds in a suspense account until you have a full payment, wouldn't nothing get paid until the borrower send $200 more dollars, and they would be past due for everything? Or if your partial payment policy is to return partial payments, again nothing would be paid until borrower sends a full $1500. If your partial payment policy is to apply the partial payment, then it would depend on payment order.

Granted, the OP specifically said that the P&I was paid, so I'm guessing Randy is right in this case. I just want to make sure I'm not misunderstanding how partial payments work or if their is another reg at play that I'm not thinking about.

All I can say is: A loan being past due is based on your loan contract.

There are no general statements available.