I have a potentially different take on the piece of collateral that is not the principal dwelling. I see the requirement to escrow as a loan based requirement, not as a requirement that is specific to a particular piece of property. The Regulation states:
[Except as provided in paragraph (b)(2) of this section, a creditor may not extend a higher-priced mortgage loan secured by a first lien on a consumer's principal dwelling unless an escrow account is established before consummation for payment of property taxes and premiums for mortgage-related insurance required by the creditor, such as insurance against loss of or damage to property, or against liability arising out of the ownership or use of the property, or insurance protecting the creditor against the consumer's default or other credit loss. For purposes of this paragraph (b), the term “escrow account†has the same meaning as under Regulation X (12 CFR 1024.17(b)), as amended.]
In a situation where a 1st lien exists on a principal dwelling and there is another piece of real estate that secures the loan, it would seem that escrow would need to be maintained for both properties. A principal dwelling is secured by a 1st lien; therefore, escrow of property taxes, etc. is required. Nowhere is this restricted ONLY to the principal dwelling. Thoughts and Rebuttals welcome