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A disclosure specialist compares the file facts with RESPA Escrow Requirements during a licensing team review. Which conclusion is accurate?

Correct Answer

D) Apply RESPA escrow-account rules to the account

Why this is correct: The governing concept is that RESPA establishes comprehensive rules for escrow accounts, including calculations for taxes and insurance, cushion limits, annual statements, and specific requirements for Higher-Priced Mortgage Loans (HPMLs). When reviewing an escrow account, the accurate conclusion is to apply these RESPA escrow-account rules. Why the other choices are wrong: "Change the payment without reviewing escrow-account figures" is wrong because escrow payments must be based on a proper analysis of the required deposits; changing them without review would violate RESPA. "Use borrower preference instead of escrow-analysis requirements" is wrong because while borrowers can sometimes waive escrows for certain loans, the rules for maintaining an escrow account are governed by RESPA, not borrower preference. "Wait for a regulator request before correcting the escrow treatment" is wrong because the lender has an affirmative duty to comply with RESPA escrow rules; they should not wait for a regulator to identify an error. Exam tip: Remember that RESPA escrow rules cover setup, analysis, statements, and cushion limits. They are not optional.

Answer Options
A
Change the payment without reviewing escrow-account figures.
B
Use borrower preference instead of escrow-analysis requirements.
C
Wait for a regulator request before correcting the escrow treatment.
D
Apply RESPA escrow-account rules to the account

Why This Is the Correct Answer

The correct response is "Apply RESPA escrow-account rules to the account" because Escrow rules address taxes, insurance, cushion limits, statements, and HPML escrow duties.

Why the Other Options Are Wrong

Option A: Change the payment without reviewing escrow-account figures.

Change the payment without reviewing escrow-account figures. is not correct because it does not apply the rule tested by this file scenario.

Option B: Use borrower preference instead of escrow-analysis requirements.

Use borrower preference instead of escrow-analysis requirements. is not correct because it does not apply the rule tested by this file scenario.

Option C: Wait for a regulator request before correcting the escrow treatment.

Wait for a regulator request before correcting the escrow treatment. is not correct because it does not apply the rule tested by this file scenario.

Memory Technique

escrow-account analysis and shortage treatment: identify the rule being tested, then choose the action that documents or applies that rule before the file moves forward.

Exam Tip

Match the file facts to escrow-account analysis and shortage treatment; do not choose an exception or shortcut that skips the required rule.

Common Mistakes to Avoid

  • -Choosing an internal exception instead of the governing rule
  • -Treating preliminary or informal facts as a substitute for required documentation
  • -Answering from a familiar but unrelated mortgage topic
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