If we choose to escrow for commercial loans (even though they're exempt from RESPA), do we still have to abide by the escrow rules?

We have a customer who is historically past due, and they were past due at the time of the escrow analysis, but not quite 30 days past due yet. Do we have to refund them their surplus, or can we keep it in the escrow account?

How you handle the surplus, or shortage, will depend on your loan and/or escrow agreement. The RESPA rules would not apply.