Are escrow accounts required by mortgage lenders?

Answer 1

The real estate Settlement Procedures Act (RESPA) does not require borrowers to maintain an escrow account. However, the lender may (and frequently does) require an escrow account. For example, if your loan-to-value ratio is greater than 80%, if you are a first-time homebuyer or if you have had late payments in the past.

However, even in cases where the borrower does not fall into one of these examples, the lender may require an escrow account, or charge a fee to waive the requirement. The fee is often a higher interest rate on the loan, typically .25%, which can be very costly over the life of the loan. Some lenders will classify this fee as a discount for opting in to the escrow account (though you are typically quoted the lower mortgage rate when inquiring about loan interest rates).

Lenders use escrow accounts to protect their interest in the property, to ensure that proper insurance is maintained naming their company as the lien holder and that taxes are paid to avoid foreclosure due to defaulting on property tax payments. The amount of your monthly escrow payment is determined by totaling the expected payments (taxes and insurance), dividing that by 12 and adding an extra amount to maintain a minimum balance (typically referred to as a cushion). Typically, lenders require a two-month escrow payment cushion, which is also the maximum allowed by RESPA.

For example, if 1/12th of your annual tax and insurance payment sis $150, your escrow payment will be calculated based on your escrow balance never falling below $300. Very few states require lenders to pay interest on escrow balances, meaning your escrow account is in effect, a non-interest-paying forced savings account.

Sadly, financially, there is little most borrowers can do about this, as the options to waive or cancel an escrow account are usually far more expensive than money gained from managing the money yourself.