---
kind: "section"
citation: "15 U.S.C. § 1639d"
title: "15"
title_heading: "Commerce and Trade"
number: "1639d"
heading: "Escrow or impound accounts relating to certain consumer credit transactions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/1639d"
units:
  - "Chapter 41 — Consumer Credit Protection"
  - "Subchapter I — Consumer Credit Cost Disclosure"
  - "Part B — Credit Transactions"
---

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

- (a) **In general—** Except as provided in subsection [(b)](#b), [(c)](#c), [(d)](#d), or [(e)](#e), a [creditor](/usc/15/1602.md?p=g), in connection with the consummation of a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction secured by a first lien on the principal [dwelling](/usc/15/1602.md?p=w) of the [consumer](/usc/15/1681a.md?p=c), other than a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction under an [open end credit plan](/usc/15/1602.md?p=j) or a reverse mortgage, shall establish, before the consummation of such transaction, an escrow or impound [account](/usc/15/1681a.md?p=r-4) 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) **When required—** No impound, trust, or other type of [account](/usc/15/1681a.md?p=r-4) 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](/usc/15/1602.md?p=w) of the [consumer](/usc/15/1681a.md?p=c), other than a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction under an [open end credit plan](/usc/15/1602.md?p=j) or a reverse mortgage, except when—
  - (1) any such impound, trust, or other type of escrow or impound [account](/usc/15/1681a.md?p=r-4) for such purposes is required by Federal or [State](/usc/15/1602.md?p=s) law;
  - (2) a loan is made, guaranteed, or insured by a [State](/usc/15/1602.md?p=s) or Federal governmental lending or insuring agency;
  - (3) the transaction is secured by a first mortgage or lien on the [consumer](/usc/15/1681a.md?p=c)’s principal [dwelling](/usc/15/1602.md?p=w) 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](/usc/12/1454.md?p=a-2), and the annual percentage rate will exceed the average prime offer rate as defined in [section 1639c of this title](/usc/15/1639c.md) 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](/usc/12/1454.md?p=a-2), and the annual percentage rate will exceed the average prime offer rate as defined in [section 1639c of this title](/usc/15/1639c.md) by 2.5 or more percentage points; or
  - (4) so required pursuant to regulation.
- (c) **Exemptions—**
  - (1) **In general—** The [Bureau](/usc/15/1602.md?p=b) may, by regulation, exempt from the requirements of [subsection (a)](#a) a [creditor](/usc/15/1602.md?p=g) 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](/usc/15/1602.md?p=b);
    - (C) retains its mortgage loan originations in portfolio; and
    - (D) meets any asset size threshold and any other criteria the [Bureau](/usc/15/1602.md?p=b) may establish, consistent with the purposes of this part.
  - (2) **Treatment of loans held by smaller institutions—** The [Bureau](/usc/15/1602.md?p=b) shall, by regulation, exempt from the requirements of [subsection (a)](#a) any loan made by an insured depository institution or an insured [credit](/usc/15/1602.md?p=f) union secured by a first lien on the principal [dwelling](/usc/15/1602.md?p=w) of a [consumer](/usc/15/1681a.md?p=c) if—
    - (A) the insured depository institution or insured [credit](/usc/15/1602.md?p=f) union has assets of $10,000,000,000 or less;
    - (B) during the preceding calendar year, the insured depository institution or insured [credit](/usc/15/1602.md?p=f) union and its affiliates originated 1,000 or fewer loans secured by a first lien on a principal [dwelling](/usc/15/1602.md?p=w); and
    - (C) the transaction satisfies the criteria in sections 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) **Duration of mandatory escrow or impound account—** An escrow or impound [account](/usc/15/1681a.md?p=r-4) established pursuant to [subsection (b)](#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](/usc/15/1602.md?p=w) securing the [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) 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](/usc/15/1681a.md?p=r-4) is terminated.
- (e) **Limited exemptions for loans secured by shares in a cooperative or in which an association must maintain a master insurance policy—** Escrow [accounts](/usc/15/1681a.md?p=r-4) need not be established for loans secured by shares in a cooperative. Insurance premiums need not be included in escrow [accounts](/usc/15/1681a.md?p=r-4) for loans secured by [dwellings](/usc/15/1602.md?p=w) or units, where the borrower must join an association as a condition of ownership, and that association has an obligation to the [dwelling](/usc/15/1602.md?p=w) or unit owners to maintain a master policy insuring the [dwellings](/usc/15/1602.md?p=w) or units.
- (f) **Clarification on escrow accounts for loans not meeting statutory test—** For mortgages not covered by the requirements of [subsection (b)](#b), no provision of this section shall be construed as precluding the establishment of an impound, trust, or other type of [account](/usc/15/1681a.md?p=r-4) 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](/usc/15/1602.md?p=dd-7), as provided by the contract between the lender or [servicer](/usc/15/1602.md?p=dd-7) 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)](/usc/42/4012a.md?p=d)].
- (g) **Administration of mandatory escrow or impound accounts—**
  - (1) **In general—** Except as may otherwise be provided for in this subchapter or in regulations prescribed by the [Bureau](/usc/15/1602.md?p=b), escrow or impound [accounts](/usc/15/1681a.md?p=r-4) established pursuant to [subsection (b)](#b) shall be established in a federally insured depository institution or [credit](/usc/15/1602.md?p=f) union.
  - (2) **Administration—** Except as provided in this section or regulations prescribed under this section, an escrow or impound [account](/usc/15/1681a.md?p=r-4) subject to this section shall be administered in accordance with—
    - (A) the Real Estate Settlement Procedures Act of 1974 [[12 U.S.C. 2601](/usc/12/2601.md) 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](/usc/15/1602.md?p=s), if applicable, where the real property securing the [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction is located.
  - (3) **Applicability of payment of interest—** If prescribed by applicable [State](/usc/15/1602.md?p=s) or Federal law, each [creditor](/usc/15/1602.md?p=g) shall pay interest to the [consumer](/usc/15/1681a.md?p=c) on the amount held in any impound, trust, or escrow [account](/usc/15/1681a.md?p=r-4) that is subject to this section in the manner as prescribed by that applicable [State](/usc/15/1602.md?p=s) or Federal law.
  - (4) **Penalty coordination with RESPA—** Any action or omission on the part of any [person](/usc/15/1602.md?p=e) which constitutes a violation of the Real Estate Settlement Procedures Act of 1974 or any regulation prescribed under such Act for which the [person](/usc/15/1602.md?p=e) 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) **Disclosures relating to mandatory escrow or impound account—** In the case of any impound, trust, or escrow [account](/usc/15/1681a.md?p=r-4) that is required under [subsection (b)](#b), the [creditor](/usc/15/1602.md?p=g) shall disclose by written notice to the [consumer](/usc/15/1681a.md?p=c) at least 3 business days before the consummation of the [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction giving rise to such [account](/usc/15/1681a.md?p=r-4) or in accordance with timeframes established in prescribed regulations the following information:
  - (1) The fact that an escrow or impound [account](/usc/15/1681a.md?p=r-4) will be established at consummation of the transaction.
  - (2) The amount required at closing to initially fund the escrow or impound [account](/usc/15/1681a.md?p=r-4).
  - (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](/usc/15/1681a.md?p=c) chooses to terminate the [account](/usc/15/1681a.md?p=r-4) in the future, the [consumer](/usc/15/1681a.md?p=c) 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](/usc/15/1681a.md?p=r-4) is established.
  - (6) Such other information as the [Bureau](/usc/15/1602.md?p=b) determines necessary for the protection of the [consumer](/usc/15/1681a.md?p=c).
- (i) **Definitions—** For purposes of this section, the following definitions shall apply:
  - (1) **Flood insurance—** 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](/usc/42/4001.md) et seq.].
  - (2) **Hazard insurance—** 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](/usc/15/1602.md?p=s) where the real property securing the [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction is located.
  - (3) **Insured credit union—** The term “insured [credit](/usc/15/1602.md?p=f) union” has the meaning given the term in [section 1752 of title 12](/usc/12/1752.md).
  - (4) **Insured depository institution—** The term “insured depository institution” has the meaning given the term in [section 1813 of title 12](/usc/12/1813.md).
- (j) **Disclosure notice required for consumers who waive escrow services—**
  - (1) **In general—** If—
    - (A) an impound, trust, or other type of [account](/usc/15/1681a.md?p=r-4) for the payment of property taxes, insurance premiums, or other purposes relating to real property securing a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction is not established in connection with the transaction; or
    - (B) a [consumer](/usc/15/1681a.md?p=c) chooses, and provides written notice to the [creditor](/usc/15/1602.md?p=g) or [servicer](/usc/15/1602.md?p=dd-7) of such choice, at any time after such an [account](/usc/15/1681a.md?p=r-4) is established in connection with any such transaction and in accordance with any statute, regulation, or contractual [agreement](/usc/15/7a.md?p=2), to close such [account](/usc/15/1681a.md?p=r-4),

    the [creditor](/usc/15/1602.md?p=g) or [servicer](/usc/15/1602.md?p=dd-7) shall provide a timely and clearly written disclosure to the [consumer](/usc/15/1681a.md?p=c) that advises the [consumer](/usc/15/1681a.md?p=c) of the responsibilities of the [consumer](/usc/15/1681a.md?p=c) and implications for the [consumer](/usc/15/1681a.md?p=c) in the absence of any such [account](/usc/15/1681a.md?p=r-4).

  - (2) **Disclosure requirements—** Any disclosure provided to a [consumer](/usc/15/1681a.md?p=c) under [paragraph (1)](#j-1) shall include the following:
    - (A) Information concerning any applicable fees or costs associated with either the non-establishment of any such [account](/usc/15/1681a.md?p=r-4) at the time of the transaction, or any subsequent closure of any such [account](/usc/15/1681a.md?p=r-4).
    - (B) A clear and prominent statement that the [consumer](/usc/15/1681a.md?p=c) 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](/usc/15/1681a.md?p=r-4), 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](/usc/15/1602.md?p=g) or [servicer](/usc/15/1602.md?p=dd-7) and the potentially higher cost (including any potential [commission](/usc/15/1602.md?p=dd-1) payments to the [servicer](/usc/15/1602.md?p=dd-7)) or reduced coverage for the [consumer](/usc/15/1681a.md?p=c) in the event of any such [creditor](/usc/15/1602.md?p=g)-placed insurance.
    - (D) Such other information as the [Bureau](/usc/15/1602.md?p=b) determines necessary for the protection of the [consumer](/usc/15/1681a.md?p=c).

## Source credit

(Pub. L. 90–321, title I, § 129D, as added and amended Pub. L. 111–203, title X, § 1100A(2), title XIV, §§ 1461(a), 1462, July 21, 2010, 124 Stat. 2107, 2178, 2181; Pub. L. 114–94, div. G, title LXXXIX, § 89003(2), Dec. 4, 2015, 129 Stat. 1801; Pub. L. 115–174, title I, § 108, May 24, 2018, 132 Stat. 1304.)

## Notes

### 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 Amendment

Amendment 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.”