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Bulletin: NL000048

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Bulletin: NL000048

v 3
Date: May 17, 1995
To: All Issuing Offices
RE: RESPA (The Real Estate Settlement Procedures Act) and the New Escrow Accounting Procedures (May 24, 1995)

Dear Associates:

NEW ESCROW ACCOUNT PROCEDURES

A series of new RESPA regulations apply to loans closed on or after May 24, 1995. These regulations relate to "escrow accounting items" such as real estate taxes, hazard insurance, mortgage insurance, credit life insurance, and assessments if ...

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

EXHIBIT 1
(EXAMPLE OF AGGREGATE ANALYSIS)

ASSUMPTIONS

Disbursements

$1,200 for school taxes (to be) disbursed October 20.

$2,400 for county taxes (to be) disbursed December 10.

$600.00 for hazard insurance (to be) disbursed next May 1.

Cushion: one-sixth of estimated annual disbursements.

Closing: May 15

First Payment: July 1

Single Item deposits: line 1001 (hazard insurance) three month at $50 a month = $ 150

line 1004 (county taxes eight months at $200 a month = $1,600

line 1006 (school taxes) ten months at $100 a month = $1,000

Step 1

Initial Trial Balance

Payment Disbursment Balance
June 0 0 0
July $350 0 $350
Aug. $350 0 $700
Sept. $350 0 $1,050
Oct. $350 $1,200 $200
Nov. $350 0 $550
Dec. $350 $2,400 $1,500 (low est. bal.)
Jan. $350 0 -$1,150
Feb. $350 0 -$800
Mar. $350 0 -$450
April $350 0 -$100
May $350 $600 -$350
June $350 0 0

Step 2

Increase Balance to Elimate Negative Balance

Payment Disbursment Balance
June 0 0 $1,500
July $350 0 $1,850
Aug. $350 0 $2,200
Sept. $350 0 $2,550
Oct. $350 $1,200 $1,700
Nov. $350 0 $2,050
Dec. $350 $2,400 0
Jan. $350 0 $350
Feb. $350 0 $700
Mar. $350 0 $1,050
April $350 0 $1,400
May $350 $600 $1,150
June $350 0 $1,500

Step 3

Balance With a 2-month Cushion

Payment Disbursment Balance
June 0 0 $2,200 (actual)
July $350 0 $2,550
Aug. $350 0 $2,900
Sept. $350 0 $3,250
Oct. $350 $1,200 $2,400
Nov. $350 0 $2,750
Dec. $350 $2,400 $700
Jan. $350 0 $1,050
Feb. $350 0 $1,400
Mar. $350 0 $1,750
April $350 0 $2,100
May $350 $600 $1,850
June $350 0 $$2,200
Aggregate Initial Balance $2,200

Result

Line 1001- $150
Line 1004- $1,600
Line 1006- $1,000

The total is $2,750 for individual itemized deposit. The difference between this amount and the aggregate analysis initial balance is $550. On line 1008 the servicer would instruct the settlement agent to put -$550.

EXHIBIT 2

AGGREGATE ADJUSTMENTS

June $130 0 $130
July $130 0 $260
Aug. $130 0 $390
Sept. $130 $360 $160
Oct. $130 0 $290
Nov. $130 0 $420
Dec. $130 $1,200 -$650 ($650 + $260 (2 mo.) = $910)
Jan. $130 0 -$520
Feb. $130 0 -$390
Mar. $130 0 -$260
April $130 0 -$130
May $130 0 0