§1639d — Title 15 Commerce and Trade | U.S. Code

Summary

Lenders must set up an escrow (impound) account before closing most home loans that use a first lien on the borrower’s main home. The account is for paying property taxes, hazard insurance (including flood insurance), mortgage insurance, ground rents, and other required periodic payments. Lenders cannot force an escrow account unless federal or state law requires it, the loan is made or insured by a government agency, the loan’s interest rate is much higher than the average prime offer rate (1.5 percentage points higher for certain loan sizes, 2.5 points higher for others), or a rule requires it. The rule‑making agency can exempt small or rural lenders that meet limits and other criteria. Banks or credit unions with $10,000,000,000 or less in assets that made 1,000 or fewer first‑lien loans last year and meet certain regulatory tests are exempt. Required escrow accounts must stay in place for at least 5 years from closing unless the borrower gains enough equity to drop private mortgage insurance, becomes delinquent, otherwise fails to meet rules, or the mortgage ends. Escrows aren’t required for loans on co‑op shares or where an owners’ association must carry a master insurance policy. Escrow accounts generally must be held at a federally insured bank or credit union and handled under federal and state rules. If an escrow is required, the lender must give written notice at least 3 business days before closing that explains the escrow, the initial amount needed, the estimated first‑year taxes and insurance, the estimated monthly escrow payment, and that the borrower will be responsible for those bills if the escrow is later closed. If no escrow is set up or a borrower closes one, the lender must clearly tell the borrower about any fees, that the borrower must pay taxes and insurance directly, and the risks of not paying (including forced‑placed insurance and higher costs).

Title 15, §1639d

Commerce and Trade — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), (c), (d), or (e), a creditor, in connection with the consummation of a consumer credit transaction secured by a first lien on the principal dwelling of the consumer, other than a consumer credit transaction under an open end credit plan or a reverse mortgage, shall establish, before the consummation of such transaction, an escrow or impound account for the payment of taxes and hazard insurance, and, if applicable, flood insurance, mortgage insurance, ground rents, and any other required periodic payments or premiums with respect to the property or the loan terms, as provided in, and in accordance with, this section.

(b)No impound, trust, or other type of account for the payment of property taxes, insurance premiums, or other purposes relating to the property may be required as a condition of a real property sale contract or a loan secured by a first deed of trust or mortgage on the principal dwelling of the consumer, other than a consumer credit transaction under an open end credit plan or a reverse mortgage, except when—

(1)any such impound, trust, or other type of escrow or impound account for such purposes is required by Federal or State law;

(2)a loan is made, guaranteed, or insured by a State or Federal governmental lending or insuring agency;

(3)the transaction is secured by a first mortgage or lien on the consumer’s principal dwelling having an original principal obligation amount that—

(A)does not exceed the amount of the maximum limitation on the original principal obligation of mortgage in effect for a residence of the applicable size, as of the date such interest rate set, pursuant to the sixth sentence of section 1454(a)(2) of title 12, and the annual percentage rate will exceed the average prime offer rate as defined in section 1639c of this title by 1.5 or more percentage points; or

(B)exceeds the amount of the maximum limitation on the original principal obligation of mortgage in effect for a residence of the applicable size, as of the date such interest rate set, pursuant to the sixth sentence of section 1454(a)(2) of title 12, and the annual percentage rate will exceed the average prime offer rate as defined in section 1639c of this title by 2.5 or more percentage points; or

(4)so required pursuant to regulation.

(c)(1)The Bureau may, by regulation, exempt from the requirements of subsection (a) a creditor that—

(A)operates in rural or underserved areas;

(B)together with all affiliates, has total annual mortgage loan originations that do not exceed a limit set by the Bureau;

(C)retains its mortgage loan originations in portfolio; and

(D)meets any asset size threshold and any other criteria the Bureau may establish, consistent with the purposes of this part.

(2)The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan made by an insured depository institution or an insured credit union secured by a first lien on the principal dwelling of a consumer if—

(A)the insured depository institution or insured credit union has assets of $10,000,000,000 or less;

(B)during the preceding calendar year, the insured depository institution or insured credit union and its affiliates originated 1,000 or fewer loans secured by a first lien on a principal dwelling; and

(C)the transaction satisfies the criteria in section 1026.35(b)(2)(iii)(A), 1026.35(b)(2)(iii)(D), and 1026.35(b)(2)(v) of title 12, Code of Federal Regulations, or any successor regulation.

(d)An escrow or impound account established pursuant to subsection (b) shall remain in existence for a minimum period of 5 years, beginning with the date of the consummation of the loan, unless and until—

(1)such borrower has sufficient equity in the dwelling securing the consumer credit transaction so as to no longer be required to maintain private mortgage insurance;

(2)such borrower is delinquent;

(3)such borrower otherwise has not complied with the legal obligation, as established by rule; or

(4)the underlying mortgage establishing the account is terminated.

(e)Escrow accounts need not be established for loans secured by shares in a cooperative. Insurance premiums need not be included in escrow accounts for loans secured by dwellings or units, where the borrower must join an association as a condition of ownership, and that association has an obligation to the dwelling or unit owners to maintain a master policy insuring the dwellings or units.

(f)For mortgages not covered by the requirements of subsection (b), no provision of this section shall be construed as precluding the establishment of an impound, trust, or other type of account for the payment of property taxes, insurance premiums, or other purposes relating to the property—

(1)on terms mutually agreeable to the parties to the loan;

(2)at the discretion of the lender or servicer, as provided by the contract between the lender or servicer and the borrower; or

(3)pursuant to the requirements for the escrowing of flood insurance payments for regulated lending institutions in section 102(d) of the Flood Disaster Protection Act of 1973 [42 U.S.C. 4012a(d)].

(g)(1)Except as may otherwise be provided for in this subchapter or in regulations prescribed by the Bureau, escrow or impound accounts established pursuant to subsection (b) shall be established in a federally insured depository institution or credit union.

(2)Except as provided in this section or regulations prescribed under this section, an escrow or impound account subject to this section shall be administered in accordance with—

(A)the Real Estate Settlement Procedures Act of 1974 [12 U.S.C. 2601 et seq.] and regulations prescribed under such Act;

(B)the Flood Disaster Protection Act of 1973 and regulations prescribed under such Act; and

(C)the law of the State, if applicable, where the real property securing the consumer credit transaction is located.

(3)If prescribed by applicable State or Federal law, each creditor shall pay interest to the consumer on the amount held in any impound, trust, or escrow account that is subject to this section in the manner as prescribed by that applicable State or Federal law.

(4)Any action or omission on the part of any person which constitutes a violation of the Real Estate Settlement Procedures Act of 1974 or any regulation prescribed under such Act for which the person has paid any fine, civil money penalty, or other damages shall not give rise to any additional fine, civil money penalty, or other damages under this section, unless the action or omission also constitutes a direct violation of this section.

(h)In the case of any impound, trust, or escrow account that is required under subsection (b), the creditor shall disclose by written notice to the consumer at least 3 business days before the consummation of the consumer credit transaction giving rise to such account or in accordance with timeframes established in prescribed regulations the following information:

(1)The fact that an escrow or impound account will be established at consummation of the transaction.

(2)The amount required at closing to initially fund the escrow or impound account.

(3)The amount, in the initial year after the consummation of the transaction, of the estimated taxes and hazard insurance, including flood insurance, if applicable, and any other required periodic payments or premiums that reflects, as appropriate, either the taxable assessed value of the real property securing the transaction, including the value of any improvements on the property or to be constructed on the property (whether or not such construction will be financed from the proceeds of the transaction) or the replacement costs of the property.

(4)The estimated monthly amount payable to be escrowed for taxes, hazard insurance (including flood insurance, if applicable) and any other required periodic payments or premiums.

(5)The fact that, if the consumer chooses to terminate the account in the future, the consumer will become responsible for the payment of all taxes, hazard insurance, and flood insurance, if applicable, as well as any other required periodic payments or premiums on the property unless a new escrow or impound account is established.

(6)Such other information as the Bureau determines necessary for the protection of the consumer.

(i)For purposes of this section, the following definitions shall apply:

(1)The term “flood insurance” means flood insurance coverage provided under the national flood insurance program pursuant to the National Flood Insurance Act of 1968 [42 U.S.C. 4001 et seq.].

(2)The term “hazard insurance” shall have the same meaning as provided for “hazard insurance”, “casualty insurance”, “homeowner’s insurance”, or other similar term under the law of the State where the real property securing the consumer credit transaction is located.

(3)The term “insured credit union” has the meaning given the term in section 1752 of title 12.

(4)The term “insured depository institution” has the meaning given the term in section 1813 of title 12.

(j)(1)If—

(A)an impound, trust, or other type of account for the payment of property taxes, insurance premiums, or other purposes relating to real property securing a consumer credit transaction is not established in connection with the transaction; or

(B)a consumer chooses, and provides written notice to the creditor or servicer of such choice, at any time after such an account is established in connection with any such transaction and in accordance with any statute, regulation, or contractual agreement, to close such account,

(2)Any disclosure provided to a consumer under paragraph (1) shall include the following:

(A)Information concerning any applicable fees or costs associated with either the non-establishment of any such account at the time of the transaction, or any subsequent closure of any such account.

(B)A clear and prominent statement that the consumer is responsible for personally and directly paying the non-escrowed items, in addition to paying the mortgage loan payment, in the absence of any such account, and the fact that the costs for taxes, insurance, and related fees can be substantial.

(C)A clear explanation of the consequences of any failure to pay non-escrowed items, including the possible requirement for the forced placement of insurance by the creditor or servicer and the potentially higher cost (including any potential commission payments to the servicer) or reduced coverage for the consumer in the event of any such creditor-placed insurance.

(D)Such other information as the Bureau determines necessary for the protection of the consumer.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in subsec. (c)(1)(D), was in the original “this subtitle”, and was translated as reading “this chapter”, meaning chapter 2 of title I of Pub. L. 90–321, to reflect the probable intent of Congress. Title I of Pub. L. 90–321 does not contain subtitles. The Real Estate Settlement Procedures Act of 1974, referred to in subsec. (g)(2)(A), (4), is Pub. L. 93–533, Dec. 22, 1974, 88 Stat. 1724, which is classified principally to chapter 27 (§ 2601 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see

Short Title

note set out under section 2601 of Title 12 and Tables. The Flood Disaster Protection Act of 1973, referred to in subsec. (g)(2)(B), is Pub. L. 93–234, Dec. 31, 1973, 87 Stat. 975. For complete classification of this Act to the Code, see

Short Title

of 1973 Amendment note set out under section 4001 of Title 42, The Public Health and Welfare, and Tables. The National Flood Insurance Act of 1968, referred to in subsec. (i)(1), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to chapter 50 (§ 4001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4001 of Title 42 and Tables.

Amendments

2018—Subsec. (c). Pub. L. 115–174, § 108(1)(A), (B), (D), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1) and realigned margins, and added par. (2). Subsec. (c)(1). Pub. L. 115–174, § 108(1)(B), (C), which directed substitution of “The Bureau” for “The Board” in introductory provisions, and “the Bureau” for “the Board” wherever appearing, duplicated the amendment made by Pub. L. 111–203, § 1100A(2), which had already been executed. See 2010 Amendment note below. Subsec. (i)(3), (4). Pub. L. 115–174, § 108(2), added pars. (3) and (4). 2015—Subsec. (c)(1). Pub. L. 114–94 struck out “predominantly” after “operates”. 2010—Pub. L. 111–203, § 1100A(2), which directed substitution of “Bureau” for “Board” wherever appearing in Pub. L. 90–321, was executed to this section, which was added to Pub. L. 90–321 by section 1461(a) of Pub. L. 111–203. Subsec. (j). Pub. L. 111–203, § 1462, added subsec. (j).

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by section 1100A(2) of Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. Amendment by section 1462 of Pub. L. 111–203 effective on the date on which final

Regulations

implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such

Regulations

have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of this title.

Effective Date

Section effective on the date on which final

Regulations

implementing such section take effect, or on the date that is 18 months after the designated transfer date if such

Regulations

have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as an

Effective Date

of 2010 Amendment note under section 1601 of this title. Exemptions and Modifications Pub. L. 111–203, title XIV, § 1461(b), July 21, 2010, 124 Stat. 2181, provided that: “The Board may prescribe rules that revise, add to, or subtract from the criteria of section 129D(b) of the Truth in Lending Act [15 U.S.C. 1639d(b)] if the Board determines that such rules are in the interest of consumers and in the public interest.”

§1639d Escrow or impound accounts relating to certain consumer credit transactions

Summary

Title 15, §1639d

Notes & Related Subsidiaries

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Amendments

Statutory Notes and Related Subsidiaries

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Regulations

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