Monthly Collection and Disbursement Cycle
Each month, the borrower's mortgage payment includes a principal and interest component plus the escrow deposit. The servicer deposits the escrow portion into the escrow account, where it accumulates until a disbursement is due. When the property tax bill arrives or the insurance premium renewal is due, the servicer pays the bill directly from the escrow account. The borrower does not need to take any action; the servicer manages the timing and payment. The servicer is responsible for monitoring due dates and ensuring payments are made before penalties accrue. If the servicer fails to pay on time and penalties result, RESPA generally requires the servicer to absorb those costs, not the borrower .
Annual Escrow Analysis Process
Once per year, the servicer conducts a comprehensive analysis of the escrow account. The analysis involves four steps. First, the servicer reviews actual disbursements made during the past 12 months and compares them to the projected amounts. Second, the servicer projects disbursements for the upcoming 12 months based on current tax assessments and insurance premiums, amounts that vary widely, from high-tax states like New Jersey to states like Texas where property taxes carry more of the revenue burden. Third, the servicer calculates the required monthly deposit to maintain a sufficient balance throughout the year, including the permissible RESPA cushion. Fourth, the servicer compares the projected account balance to the required balance and determines whether a surplus, shortage, or deficiency exists. The borrower receives a written escrow analysis statement detailing the findings and any changes to the monthly payment amount, with at least 30 days' notice before the new payment takes effect .
Handling Surpluses and Shortages
When the escrow analysis reveals a surplus (the account has more funds than needed), the servicer must refund the excess to the borrower if it exceeds $50 . The borrower receives a check or account credit. When the analysis reveals a shortage (the account will not have enough funds at some point during the coming year), the servicer recalculates the monthly deposit and may also spread the shortage amount over the next 12 months. For example, if the shortage is $600, the servicer may add $50 per month to the escrow payment for 12 months while also increasing the base monthly escrow to reflect the higher projected disbursements. The borrower typically has the option to pay the shortage in a lump sum to avoid the increased monthly payment.
Escrow at Closing
At the time of closing, the settlement agent calculates the initial escrow deposit based on the closing date and the dates of upcoming tax and insurance payments. The calculation considers how many regular monthly payments the borrower will make before the first tax and insurance disbursements, and the initial deposit covers the difference. The Closing Disclosure itemizes each component of the initial escrow deposit separately: property taxes (specifying the number of months collected), homeowners insurance (specifying the number of months collected), and any other escrowed items. The initial escrow deposit, which funds the reserve account for future tax and insurance payments, is separate from prepaid items such as the first year's homeowner's insurance premium, as reflected in distinct sections of the Closing Disclosure under TRID requirements. and per-diem interest charges for the period between the closing date and the first regular payment.
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