# Amendments to Real Estate Settlement Procedures Act Regulation (Regulation X)Escrow Accounting Procedures
> **US Department of Housing and Urban Development** · Final rule. · Published 1998-01-21 · Effective 1998-02-20 · 63 FR 3214
## Document
- **Document number:** 98-1395
- **Category:** hud-other
- **Agency:** US Department of Housing and Urban Development
- **Federal Register citation:** 63 FR 3214
- **CFR reference:** 24 CFR 3500
- **Publication date:** 1998-01-21
- **Effective date:** 1998-02-20
- **Docket:** Docket No. FR-4079-F-02
## Abstract

In this final rule, the Department of Housing and Urban Development is revising Regulation X, which implements the Real Estate Settlement Procedures Act of 1974 (RESPA). This rule addresses problems that were raised in applying escrow accounting requirements under Regulation X. The first problem, designated as ``Annual vs. Installment Disbursements,'' involves whether disbursements from mortgage escrow accounts must be made on an annual or installment basis when the payee offers a choice. To address this problem, this rule maintains the current requirements under Regulation X, but clarifies them. The second problem, designated as ``Payment Shock,'' involves the proper accounting method to calculate escrow payments where the servicer anticipates that disbursements for items such as property taxes will increase substantially in the second year of the escrow account and where ``payment shock''--the consumer's experiencing of a substantial rise in escrow payments--will result. The Department has chosen to address this matter by recommending (but not mandating) a best practice for servicers: a voluntary agreement to accept overpayments. A consumer disclosure format has been provided to disclose this information. This rule contains a new provision covering procedures for voluntary overpayments. The Department has determined not to adopt two other changes that were proposed. The Department will continue to require the single-item listing of escrow deposits on the HUD-1 or HUD-1A. Also, the Department is not revising the requirements for listing a lead-based paint inspection or risk assessment on the Good Faith Estimate (GFE) format and HUD-1 and HUD-1A, but is clarifying the instructions for these formats.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/1998/01/21/98-1395/amendments-to-real-estate-settlement-procedures-act-regulation-regulation-xescrow-accounting)
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