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The bank notified me that there was a shortage in my mortgage escrow account and increased my monthly payments. Is this legal?

Yes. If your bank determines that there will not be sufficient funds in your mortgage escrow account, it may raise your payment by the amount of the shortage. The bank may offer you the choice to repay the amount in one lump sum or spread the payments over a 12-month period.

Review your mortgage loan contract for policies specific to your bank and your account.

Refer to 12 CFR 1024 "Real Estate Settlement Procedures Act (Regulation X)."

Last Reviewed: October 2020

Please note: The terms "bank" and "banks" used in these answers generally refer to national banks, federal savings associations, and federal branches or agencies of foreign banking organizations that are regulated by the Office of the Comptroller of the Currency (OCC). Find out if the OCC regulates your bank. Information provided on HelpWithMyBank.gov should not be construed as legal advice or a legal opinion of the OCC.

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