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Freddie Mac Guidelines: Escrow Accounts for Taxes and Insurance

At a Glance

  • Escrow accounts are not mandatory except for mortgage insurance payments and when state law requires them
  • Lenders must have written policies to evaluate borrower ability to pay taxes and insurance without escrow
  • First-time homebuyers and borrowers with limited reserves are encouraged to use escrow accounts
  • Escrow waivers typically require strong credit, low loan-to-value ratios, and substantial financial reserves
  • Past-due property taxes usually disqualify borrowers from escrow waivers during refinancing

What Escrow Accounts Do

An escrow account is a separate account your lender maintains to collect and pay your property taxes, homeowners insurance, and other property-related expenses. Each month, you pay 1/12th of your annual tax and insurance costs along with your mortgage payment. The lender holds this money and pays the bills when they come due.

Think of it as a forced savings account for your homeownership expenses. Instead of scrambling to pay a $3,600 property tax bill twice a year, you pay $300 each month into escrow. Your lender handles the timing and payment logistics.

Most borrowers assume escrow accounts are mandatory, but Fannie Mae gives lenders flexibility. The guideline allows lenders to skip escrow accounts if they believe you can handle these payments on your own.

When Lenders Must Require Escrow

Two situations force lenders to collect escrow regardless of your financial strength. First, if you pay mortgage insurance monthly, that money must go through an escrow account. You cannot pay mortgage insurance premiums directly to the insurance company.

Second, state and local laws sometimes mandate escrow accounts. These laws vary by location and loan type. Your lender will know the requirements in your area.

Say you live in a state that requires escrow for all loans above 80% loan-to-value. Even if you have excellent credit and substantial reserves, the lender must collect escrow because state law demands it.

How Lenders Decide to Waive Escrow

When escrow is optional, lenders must evaluate your ability to pay taxes and insurance independently. This evaluation goes beyond your credit score and income. The lender examines whether you can handle large, irregular payments without missing your mortgage payment.

The guideline requires lenders to assess your ability to pay property hazard insurance premiums, real estate taxes, ground rents, special assessments, and other charges that could become liens on your property.

A borrower with $50,000 in savings and stable income might easily handle a $4,000 annual tax bill. A borrower living paycheck to paycheck with minimal reserves might struggle when that bill arrives.

Lender Policies for Escrow Waivers

Lenders who offer escrow waivers must maintain written policies explaining their decision-making process. These policies cannot be arbitrary. They must establish clear criteria for evaluating borrower capability.

Some lenders require minimum credit scores for escrow waivers. Others look at debt-to-income ratios or reserve requirements. Many combine multiple factors into their evaluation.

You might see requirements like a 740 credit score, maximum 75% loan-to-value ratio, and six months of mortgage payments in reserves. Each lender sets their own standards within Fannie Mae's framework.

When Fannie Mae Recommends Escrow

The guideline identifies specific loan types where Fannie Mae encourages escrow accounts even when not required. These recommendations reflect borrower profiles that benefit from the payment structure and protection escrow provides.

First-time homebuyers top the list because they lack experience managing homeownership expenses. The shock of a $5,000 property tax bill can derail a new homeowner's budget. Escrow spreads this cost over 12 months.

Home Possible and HomeOne mortgages serve moderate-income borrowers who often have limited financial cushions. These borrowers benefit from the forced savings aspect of escrow accounts.

Investment properties and second homes carry higher risk profiles. Borrowers might prioritize their primary residence payments if money gets tight. Escrow ensures property taxes and insurance stay current on all properties.

Properties That Benefit from Escrow

Multi-unit properties from duplexes to fourplexes generate rental income, but that income can be unpredictable. Vacancy periods or problem tenants can strain cash flow. Escrow accounts ensure tax and insurance payments continue regardless of rental income fluctuations.

Manufactured homes often sit on leased land, creating ground rent obligations. These payments can increase unexpectedly or become delinquent if not managed carefully. Escrow accounts help borrowers stay current on all property-related expenses.

Borrowers with less than six months of reserves lack the financial buffer to handle large, unexpected expenses. A special assessment for road repairs or a significant insurance premium increase could create payment difficulties without escrow protection.

Refinance Considerations

If you are refinancing a mortgage where property taxes were past due, your new lender will likely require an escrow account. Past-due taxes indicate difficulty managing these payments independently.

The refinance process often reveals tax delinquencies that borrowers overlooked or ignored. Bringing taxes current at closing and establishing escrow prevents future problems.

Some borrowers request escrow waivers during refinancing to reduce their monthly payment. However, a history of tax payment problems usually disqualifies them from this option.

Documents for Escrow Analysis

Lenders need specific documentation to set up escrow accounts or evaluate waiver requests. Property tax bills from the previous year show annual tax obligations. Homeowners insurance declarations pages reveal premium amounts and payment schedules.

For new construction or recent purchases, lenders estimate taxes based on the purchase price and local tax rates. Insurance quotes provide premium estimates for escrow calculations.

Special assessments require documentation from homeowner associations or municipal authorities. These irregular charges can significantly impact escrow requirements and must be factored into monthly collections.

Common Escrow Account Issues

Escrow shortages occur when actual expenses exceed collected amounts. Property tax increases or insurance premium jumps can create deficits. Lenders typically spread shortage amounts over 12 months while adjusting future collections.

Escrow surpluses happen when collections exceed expenses. Lenders must refund amounts over $50 within 30 days of their annual analysis. Smaller surpluses can be credited to future payments or refunded at the borrower's request.

Some borrowers discover they can waive escrow after closing when their loan-to-value ratio drops through principal payments or property appreciation. However, lenders may charge fees for removing escrow accounts and require new evaluations of payment capability.

References

For the official guidelines, see 4201.15: Escrow accounts in the Fannie Mae Selling Guide.

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Original Freddie Mac Guideline Text

This section contains requirements related to:

Escrow accounts

Seller policy for not requiring Escrow accounts

(a)

Escrow accounts

Freddie Mac does not require Escrow accounts

except

with respect to the collection of Borrower-paid mortgage insurance paid monthly as described in

Section 4701.2

and when required by applicable law.

(b)

Seller policy for not requiring Escrow accounts

Sellers that sell Mortgages without Escrow accounts must establish and maintain a written policy for determining when Escrow accounts are not required.

The Seller’s determination that Escrow accounts are not required for a Mortgage must be based on the evaluation of the Borrower’s ability to make all payments for the expenses to be paid under the Mortgage as they become due. These expenses include:

Real estate taxes

Ground rents and other charges that are or may become First Liens on the Mortgaged Premises

Special assessments

Sellers may not waive the requirement for Escrow accounts with respect to collection of Borrower-paid mortgage insurance and when Escrows are required by law.

(c)

Best practices

Although not required, Freddie Mac encourages Sellers to require Escrows for the following Mortgages:

Mortgages to Borrowers that are First-Time Homebuyers

®

®

Mortgages

Mortgages secured by 2- to 4-unit properties

Investment Property Mortgage

Mortgages where the Borrower has less than six months of reserves

Refinance Mortgages where taxes were past due on the Mortgage being refinanced

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About the Author

Mortgatron

Mortgatron

Homebuyer.com Research Agent

Mortgatron is Homebuyer.com's trained research agent, built on two decades of mortgage expertise from our team. It reads thousands of pages of federal guidelines, lending rules, and housing data so you don't have to — then explains what matters in the same straightforward way a loan officer would across the desk. Every source is cited. Every article is reviewed by the Homebuyer.com editorial team.

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