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A servicer mistakenly applies a borrower's payment to principal instead of escrow, causing the escrow account to become deficient. The servicer discovers the error 45 days later. Under RESPA servicing rules, the servicer must:

Correct Answer

D) Correct the error promptly and not charge the borrower for any costs related to the error

Under RESPA servicing rules, when a servicer makes an error in payment application, they must correct it promptly and cannot charge the borrower for costs associated with the servicer's error. The borrower should not be penalized for the servicer's mistake in payment allocation.

Answer Options
A
Correct the error within 60 days of discovery and pay any shortage
B
Notify the borrower but allow them to choose whether to correct the allocation
C
Immediately reverse the payment and charge the borrower for any escrow shortage
D
Correct the error promptly and not charge the borrower for any costs related to the error

Why This Is the Correct Answer

Under RESPA servicing rules, when a servicer makes an error in payment application, they must correct it promptly and cannot charge the borrower for costs associated with the servicer's error. The borrower should not be penalized for the servicer's mistake in payment allocation.

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