Money in escrow is "dead money". It doesn't earn interest for you and it doesn't reduce your mortgage interest payments. Therefore every cent in your escrow account is costing you money. Make sure there is no more tied up in escrow than there needs to be!
Here is a brief summary of what lenders can and cannot do regarding escrow. I'll also explain how to check your own escrow account to make sure you are not paying too much.
State laws vary; you should consult your own attorney to determine what your local laws allow.
The way lenders handle escrow is regulated by the Federal Real Estate Settlement Procedures Act Harrison Barnes Youth Jersey , which applies to all "federally related mortgage loans".
Unless local law says otherwise, at settlement the lender can require a borrower to deposit funds in an escrow account set up for the payment of taxes or insurance premiums. The sum deposited cannot exceed the actual amount of the taxes and premiums, plus one-sixth of their estimated total.
If the taxes come due in January and you are settling in July, your first month's payment will be due Sept. 1. For September, October Seth Curry Youth Jersey , November and December, you will make four months' escrow payments. Since the lender will require a full year's payment in January, and at that time only four months' payments will be in escrow, the lender can escrow eight months at settlement, plus one-sixth of the total amount Dirk Nowitzki Youth Jersey , which amounts to an additional two months' worth of escrow.
Thus, at settlement, do not be surprised if the lender requires you to pay 10 months' tax payments into escrow. These funds are held by the lender and paid when the taxes come due.
The rules apply until you pay off your loan. In other words, the lender can hold two additional months' escrow, so that if you are delinquent in one or two monthly payments Dennis Smith Jr. Youth Jersey , the lender will still have sufficient funds.
At least once a year, the lender that services your loan must send you a statement clearly itemizing "the amount of the borrower's current monthly payment, the portion of the monthly payment being placed in the escrow account, the total amount paid into the escrow account during the period, the total amount paid out of the escrow account during the period for taxes Wesley Matthews Kids Jersey , insurance premiums . . . (as separately identified) and the balance in the escrow account at the conclusion of the period."
When you receive this statement, you should review it carefully. Confirm with your taxing authority and your insurance company exactly when the payment is due and the amount of the payment. Use a calculator to determine whether the lender has properly calculated the amount of the escrow. Congressional testimony has uncovered many errors made by mortgage lenders.
There are also many cases in which lenders fail to pay the real estate tax on time - or at all. Often, the first time that homeowners learn of this non payment is when they receive a notice of tax sale from the jurisdiction where their property is located.
If you are required to escrow for taxes and insurance it is a very good idea to write to your lender annually, demanding proof of payment of the real estate taxes and insurance premiums. If the lender does not respond promptly, contact your taxing authority to confirm payment of the taxes Harrison Barnes Kids Jersey , and complain about the lack of response to your state or local financial regulatory authority.
Home owners who have 20% or more equity in their property - that is, if they borrow or refinance 80% or less than the value of the property - have the right to receive a notice from the lender that they may pay their own taxes and insurance without escrow. This is a wise thing to do as your money is better off working for you than sitting in a non interest bearing escrow account. This is of course providing that you have the financial discipline to have the funds available when it comes time to pay your taxes and insurance!
WARNING: Some lenders try to increase the mortgage rate when the borrower opts to avoid escrow. You should talk to your attorney who will likely advise you it is illegal for the lender to do this. Again, MAKE THE EFFORT. It can be worth a great deal of money to you in the long term.
Unfortunately, escrow for taxes is a way of life in the mortgage industry. However, as a borrower Seth Curry Kids Jersey , you have the right to review and analyze - and complain if you find that your escrowed funds are not being handled properly. After all, this money belongs to you until it is paid to the taxing authority or the insurance company.