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real estate taxes collected by a lender or other agent acting to establish a real estate tax escrow can be refunded if overage exists. Overage would be the difference between the real estate taxes due plus any agreed upon buffer less the actual property taxes paid. Some lenders require that a buffer of so many dollars or some many months in taxes be set aside. But even this set aside would be credited to the seller in the event that the property is sold and the mortgage satisfied thereby doing away with the need for an escrow account. Lenders don't levy taxes, only municipalities or taxing district can "levy taxes." If you appeal your real estate assessment to an appeal board you can send a copy of the decision to your lender and ask that the property tax escrow be readjusted or recalculated using the revised assessment for tax purposes.

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