voluntary escrow accounts and RESPA

If an escrow accounts is strictly voluntary are subject to RESPA or not? My thought was that the bank would still have to abide by the disclosure rules, etc. However, if the customer has total control over the escrow account then I would say that it would not be subject. Any thoughts?

Is the escrow account a deposit account at the bank in the customer's name?

yes and only they have control.

why we want to call it an escrow account is beyond me. I think if it is tied in any way to a loan we best provide RESPA disclosures.

If that's the case then RESPA would not apply. However in order for the borrower to have total control they must be able transact on the account anytime they wish. You would have no say as to when they made deposits or made withdrawals or in what amounts.

If you control any of that, by any type of an agreement, then they do not have total control and RESPA would apply.

thanks.