Laws vary from state to state, but requiring an excessive escrow balance is not legal. Many states have a cushion of 1-2 months which equals one or two months of escrow payments.
Fleet Bank got into a lot of trouble a number of years ago for requiring 6 months escrow or more and had to refund millions of dollars. That said, if $2000 equals one or two months of escrow, then the lender is within its rights to require that amount.
If you had a
severe escrow shortage and the lender advanced funds to pay taxes and/or insurance, then they have a right to recover those funds. The length of time allowed to recover those funds may vary. By law, you should receive an annual statement which analyzes your escrow account to make sure the right amount is being escrowed. If you believe that amount exceeds state requirements, you should check with your state's requirements via the banking department.
As an aside, a $2000 minimum balance would translate into $24,000 annual taxes and insurance if only one month was needed as a cushion and $12,000 if two months were required.
Answer Submitted on Sun, Dec 7 2008
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