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A borrower with an HPML wants to cancel the required escrow account after 3 years because they have never been late on payments. Under what circumstances can the escrow account be cancelled?

Correct Answer

B) The escrow account cannot be cancelled before 5 years regardless of payment history

Under TILA Section 1026.35(b)(3), the escrow account requirement for HPMLs must be maintained for a minimum of 5 years from consummation. Early cancellation is not permitted regardless of payment history or equity position during this mandatory period.

Answer Options
A
After 3 years with no late payments in the past 12 months
B
The escrow account cannot be cancelled before 5 years regardless of payment history
C
After 2 years if the borrower has 20% equity and no late payments
D
Only if the borrower refinances to a non-HPML loan

Why This Is the Correct Answer

Under TILA Section 1026.35(b)(3), the escrow account requirement for HPMLs must be maintained for a minimum of 5 years from consummation. Early cancellation is not permitted regardless of payment history or equity position during this mandatory period.

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