escrow account, then it is not possible for the lender to impose this condition on you just at his will. The purpose of this account in a real estate is not only to safeguard the lender from any kind of non-payments on the part of the homeowner or renter but to help the borrower meet his or her financial obligations and liabilities by holding funds. Usually, maintaining such accounts is very complicated and therefore every individual should seek enough information before they intend to open an account. Moreover, they should obtain advice from the legal experts if they need to solve any problem related to the account and its operation. This would protect the borrower from any financial loss and legal problems. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances. ">In a real estate scenario, an escrow account is established for the purpose of maintaining and reserving funds for the homeowners and renters so that it can cover the liabilities that they have regarding insurance, property taxes, maintenance and so on. As per the laws laid down by the Real Estate Settlement Procedures Act (RESPA), such an account can only be created if a lender has a borrower. Below are answers to few of the more common legal questions about escrow account rules: Since my bank did not approve my mortgage on time, I could not purchase a property. Moreover, I did not receive a denial letter that I could show to the lender to get my earnest money back that I deposited in an escrow account. This is because the lender is not going to respond to my request unless I can present to him that denial letter. What are courses of action I can take to get my deposited money back? There are few options you have in cases like these. Your first option would be to go to the Federal Reserve Consumer Help and file a complaint with them by visiting http://www.federalreserveconsumerhelp.gov/. Secondly, what you could do is write to the bank and threaten them by letting them know that you might take a legal action against them and that you will sue them for releasing the funds if needed. In order to do this, you must hire a civil litigation attorney who would represent your case. Finally, if none of these techniques work out, you could straightaway contact the local media and let them know about your problem with your bank. Since the banks want to avoid having a bad reputation on their customers and public in general, they may consider resolving this issue with you as they do not want themselves to be viewed negatively in the public. Is it possible for a mortgage company to establish an escrow account on my name if I had paid my insurance premiums and property taxes on time? In this case, if your mortgage documents require you to establish an escrow account, then the requirements related to this account is valid. However, if the lender gives his consent in removing it, then the requirement can be rendered invalid. Generally, the lenders may consider showing some flexibility in this matter. But for that, you would need to have a very good credit history and also exhibit a significant amount of equity and goodwill in your house. However, according to the current market scenario, the lenders seem to be very strict in applying the mortgage conditions. In case, your document does not require you to maintain an escrow account, then it is not possible for the lender to impose this condition on you just at his will. The purpose of this account in a real estate is not only to safeguard the lender from any kind of non-payments on the part of the homeowner or renter but to help the borrower meet his or her financial obligations and liabilities by holding funds. Usually, maintaining such accounts is very complicated and therefore every individual should seek enough information before they intend to open an account. Moreover, they should obtain advice from the legal experts if they need to solve any problem related to the account and its operation. This would protect the borrower from any financial loss and legal problems. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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