In what instance is it acceptable for a real estate firm to not have an escrow account?

Whether or not you’ll qualify for an escrow waiver will depend on many different factors, including your loan-to-value ratio (LTV), the type of loan you have, the type of property you’re in, the lender’s rules regarding escrow waivers, your state’s laws and the details of your individual loan.

If you’re able to get an escrow waiver, you may need to pay an escrow waiver fee, which is equal to a small percentage of your loan amount.

There are also certain types of payments that must be escrowed. If you have a conventional loan with private mortgage insurance (PMI) due to making a down payment of less than 20%, you have to pay that through an escrow account. Likewise, borrowers who live in a flood zone and are required to have flood insurance may not be able to avoid an escrow account.

However, if you have to keep an escrow account for certain required payments, such as mortgage insurance, you can still remove your regular homeowners insurance premium, property tax payments or both from your escrow account if you qualify for a waiver. So even if you’re not able to completely get rid of your escrow account, you can still lower the amount you’ll need to pay each month.

Let’s take a look at the requirements for an escrow waiver by loan type. Keep in mind that requirements vary from lender to lender and state to state.

Conventional Loans

Conventional loans are mortgage loans that aren’t backed by a government program. Most conventional loans are considered conforming, meaning that they meet the guidelines to be sold to the government-sponsored enterprises Fannie Mae and Freddie Mac.

That means that when you get a conventional loan, your ability to get an escrow waiver won’t just be determined by your lender’s rules and your state’s laws – it may also have to conform to the rules these enterprises have regarding escrow accounts.

In general, to qualify for an escrow waiver on a conventional loan, you’ll need:

  • LTV below 80% (meaning you have more than 20% equity in your home)
  • No recent delinquencies
  • No loan modifications
  • No previous defaults on an escrow waiver

You may also need to have a good credit score to qualify. These are general guidelines; different lenders may be more or less stringent. We’ll go over the specific requirements for escrow waivers on Rocket Mortgage® loans further down.

FHA Loans

FHA loans aren’t eligible for an escrow waiver.

FHA loans are mortgages backed by the Federal Housing Administration. FHA loan borrowers are required to have an escrow account throughout the life of their loan.

However, once you reach 20% equity in your home, you might find it beneficial to refinance into a conventional loan. Not only will this make removing your escrow account a possibility (though you should check with your conventional loan lender to be sure they offer this option), but you’ll also no longer have to pay the FHA mortgage insurance premium, which is mortgage insurance that typically must be paid throughout the life of the loan, regardless of how much equity you have in the home.

VA Loans

VA loans are mortgage backed by the Department of Veterans Affairs. Though the VA doesn’t have a rule requiring these loans to have escrow accounts, lenders typically do.

For lenders that do allow escrow waivers on VA loans, the requirements are often similar to the ones we already listed for conventional loans. However, because one of the main benefits of a VA loan is getting a home with zero down payment, many borrowers might not have enough equity to qualify. With Rocket Mortgage, VA loan borrowers must have at least 10% equity to qualify.

In real estate, escrow is typically used for two reasons:

  • To protect the buyer’s good faith deposit so the money goes to the right party according to the conditions of the sale.
  • To hold a homeowner’s funds for property taxes and homeowners insurance.

Because of the different purposes served, there are two types of escrow accounts. One is used during the home buying process, while the other is used throughout the life of your loan.

Escrow Accounts For Home Buying

When you’re buying a home, your purchase agreement will usually include a good faith deposit (also known as earnest money). This deposit shows that you’re serious about purchasing the home. If the contract falls through due to the fault of the buyer, the seller usually gets to keep the money. If the home purchase is successful, the deposit will be applied to the buyer’s down payment.

To protect both the buyer and the seller, an escrow account will be set up to hold the deposit. The good faith deposit will sit in the escrow account until the transaction closes. The cash is then applied to the down payment.

Sometimes, funds are held in escrow past the completion of the sale of the home. This is called an escrow holdback. There are many reasons an escrow holdback may be needed. Perhaps you agreed that the seller can stay in the home an extra month, or maybe you found something wrong with the property during the final walkthrough.

If you’re building a new home, money may remain in escrow until you’ve signed off on all the work. Once the conditions are met, the money will be released to the right party.

Escrow Accounts For Taxes And Insurance

After you purchase a home, your lender will establish an escrow account to pay for your taxes and insurance. After closing, your mortgage servicer takes a portion of your monthly mortgage payment and holds it in the escrow account until your tax and insurance payments are due.

The amount required for escrow is a moving target. Your tax bill and insurance premiums can change from year to year. Your servicer will determine your escrow payments for the next year based on what bills they paid the previous year. To ensure there’s enough cash in escrow, most lenders require a minimum of 2 months’ worth of extra payments to be held in your account.

Your lender or servicer will analyze your escrow account annually to make sure they’re not collecting too much or too little. If their analysis of your escrow account determines that they’ve collected too much money for taxes and insurance, they’ll give you what is called an escrow refund.

If their analysis shows they’ve collected too little, you’ll need to cover the difference. You may be given options to make a one-time payment or increase the amount of your monthly mortgage payment to make up for a shortage in your escrow account.

What is the purpose of requiring firms to open an escrow account?

Real estate escrow accounts are commonly required by lenders to ensure payment of insurance and tax obligations. A small business owner may prefer to maintain an escrow account for business real estate to even out cash flow. These accounts are regulated by the federal Real Estate Settlement Procedures Act.

Should I set up an escrow account?

Generally, an escrow account is a prerequisite if you're not putting at least 20% down on a home. So unless you're bringing a sizable chunk of cash to the closing table, escrow may be unavoidable. FHA loans, for example, always require buyers to set up escrow accounts.

What is an example of an escrow account?

Example #1 Let us assume that company A takes over company B. Now company A does not want to make full payment to company B till the transition is complete. In this case, company A will deposit the payment into a third-party account. This third party is an escrow.

What does escrow mean in simple terms?

What Is Escrow? Escrow is a legal arrangement in which a third party temporarily holds money or property until a particular condition has been met (such as the fulfillment of a purchase agreement).