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An HPML borrower's escrow account has a surplus of $2,400 at the annual analysis. The lender wants to retain $1,800 as a cushion for next year's projected shortfall. What is required?

Correct Answer

B) May retain up to $1,200 (two months of escrow payments) as cushion

Under RESPA Section 1024.17(f), escrow accounts may retain a cushion of up to 1/6 of the total annual disbursements (approximately 2 months of payments), regardless of projected shortfalls. Excess amounts above this cushion must be returned to the borrower within 30 days.

Answer Options
A
Return the entire $2,400 surplus to the borrower
B
May retain up to $1,200 (two months of escrow payments) as cushion
C
May retain the full $1,800 if a shortfall is projected
D
Must obtain borrower consent to retain any amount over $600

Why This Is the Correct Answer

Under RESPA Section 1024.17(f), escrow accounts may retain a cushion of up to 1/6 of the total annual disbursements (approximately 2 months of payments), regardless of projected shortfalls. Excess amounts above this cushion must be returned to the borrower within 30 days.

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