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#2170364 - 03/27/18 05:17 PM Take loan pmt shortage from escrow?
HRH Okie Banker Offline
Power Poster
Joined: Jan 2003
Posts: 3,070
Oklahoma
If the monthly mortgage loan payment was short $.39 can you take that shortage from their escrow account to make that monthly payment complete? TIA
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Lending Compliance
#2170398 - 03/27/18 06:18 PM Re: Take loan pmt shortage from escrow? HRH Okie Banker
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
You can net an escrow balance from the loan payoff, but you can't take money out of the escrow account to make payments.
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#2170407 - 03/27/18 06:22 PM Re: Take loan pmt shortage from escrow? HRH Okie Banker
HRH Okie Banker Offline
Power Poster
Joined: Jan 2003
Posts: 3,070
Oklahoma
Thank you
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#2170536 - 03/28/18 01:29 PM Re: Take loan pmt shortage from escrow? HRH Okie Banker
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
Randy's right. Here's the regulatory proof:

Creditors may “net” escrow balances against loan payoffs.
Commentary to §1024.34(b)(1):

AND
http://www.respanews.com/Media/MediaManager/HUD_FAQs_General.pdf (#39)

Question: If the borrower's escrow account includes a surplus greater than $50 which HUD's rules require be refunded, may the servicer credit the surplus directly to the principal, rather than refund the surplus to the borrower?

Answer: No. However, the servicer may inform the borrower in the information accompanying the return of the surplus that the borrower may elect to use the refund to reduce principal or have it credited against the next year's escrow payments.
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