source:
  type: regulation
  id: tila-15usc-1639d
  authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d — Escrow or impound accounts relating to certain consumer
    credit transactions
  description: 'TILA (Truth in Lending Act, 15 U.S.C.), §1639d Escrow or impound accounts relating to certain consumer
    credit transactions. Captured section-complete from Cornell LII (verbatim).

    '
obligations:
- id: tila-15usc-1639d-a
  canonical_id: tila-15usc-1639d-a
  section: 15 U.S.C. §1639d(a)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (a): (a) In general
    Except as provided in subsection (b), (c), (d), or (e), a creditor , in connection with the consummation of
    a consumer credit transaction secured by a first lien on the principal dwelling of the consumer, other than
    a consumer credit transaction under an open end credit plan or a reve…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: (a) In general Except as provided in subsection (b), (c), (d), or (e), a creditor , in connection
      with the consummation of a consumer credit transaction secured by a first lien on the principal dwelling of
      the consumer, other than a consumer credit transaction under an open end credit plan or a reverse mortgage,
      shall establish, before the consummation of such transaction, an escrow or impound account 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.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (a) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-b
  canonical_id: tila-15usc-1639d-b
  section: 15 U.S.C. §1639d(b)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (b): (b) When required
    No impound, trust, or other type of account 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 dwel…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: (b) When required No impound, trust, or other type of account 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 of the consumer,
      other than a consumer credit transaction under an open end credit plan or a reverse mortgage, except when—
      (1) any such impound, trust, or other type of escrow or impound account for such purposes is required by Federal
      or State law; (2) a loan is made, guaranteed, or insured by a State or Federal governmental lending or insuring
      agency; (3) the transaction is secured by a first mortgage or lien on the consumer’s principal dwelling 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 , and the annual
      percentage rate will exceed the average prime offer rate as defined in section 1639c of this title 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 , and the annual percentage rate will exceed the average
      prime offer rate as defined in section 1639c of this title by 2.5 or more percentage points; or (4) so required
      pursuant to regulation.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (b) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-c
  canonical_id: tila-15usc-1639d-c
  section: 15 U.S.C. §1639d(c)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (c): (c) Exemptions
    (1) In general The Bureau may, by regulation, exempt from the requirements of subsection (a) a creditor 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; (C) ret…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: (c) Exemptions (1) In general The Bureau may, by regulation, exempt from the requirements of
      subsection (a) a creditor 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; (C) retains its
      mortgage loan originations in portfolio; and (D) meets any asset size threshold and any other criteria the
      Bureau may establish, consistent with the purposes of this part. (2) Treatment of loans held by smaller institutions
      The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan made by an insured
      depository institution or an insured credit union secured by a first lien on the principal dwelling of a consumer
      if— (A) the insured depository institution or insured credit union has assets of $10,000,000,000 or less;
      (B) during the preceding calendar year, the insured depository institution or insured credit union and its
      affiliates originated 1,000 or fewer loans secured by a first lien on a principal dwelling; 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.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (c) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-d
  canonical_id: tila-15usc-1639d-d
  section: 15 U.S.C. §1639d(d)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (d): (d) Duration
    of mandatory escrow or impound account An escrow or impound account established pursuant to subsection (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…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: (d) Duration of mandatory escrow or impound account An escrow or impound account established
      pursuant to subsection (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
      securing the consumer credit 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 is terminated.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (d) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-e
  canonical_id: tila-15usc-1639d-e
  section: 15 U.S.C. §1639d(e)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (e): (e) Limited exemptions
    for loans secured by shares in a cooperative or in which an association must maintain a master insurance policy
    Escrow accounts need not be established for loans secured by shares in a cooperative. Insurance premiums need
    not be included in escrow accounts for loans secured by…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: (e) Limited exemptions for loans secured by shares in a cooperative or in which an association
      must maintain a master insurance policy Escrow accounts need not be established for loans secured by shares
      in a cooperative. Insurance premiums need not be included in escrow accounts for loans secured by dwellings
      or units, where the borrower must join an association as a condition of ownership, and that association has
      an obligation to the dwelling or unit owners to maintain a master policy insuring the dwellings or units.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (e) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-f
  canonical_id: tila-15usc-1639d-f
  section: 15 U.S.C. §1639d(f)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (f): (f) Clarification
    on escrow accounts for loans not meeting statutory test For mortgages not covered by the requirements of subsection
    (b), no provision of this section shall be construed as precluding the establishment of an impound, trust, or
    other type of account for the payment of property taxes,…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: (f) Clarification on escrow accounts for loans not meeting statutory test For mortgages not
      covered by the requirements of subsection (b), no provision of this section shall be construed as precluding
      the establishment of an impound, trust, or other type of account 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, as provided by the contract between the lender or servicer
      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) ].
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (f) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-g
  canonical_id: tila-15usc-1639d-g
  section: 15 U.S.C. §1639d(g)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (g): (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, escrow or impound accounts established pursuant to subsection (b)
    shall be established in a federally insured depository in…'
  type: dont
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: (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, escrow or impound accounts
      established pursuant to subsection (b) shall be established in a federally insured depository institution
      or credit union. (2) Administration Except as provided in this section or regulations prescribed under this
      section, an escrow or impound account subject to this section shall be administered in accordance with— (A)
      the Real Estate Settlement Procedures Act of 1974 [ 12 U.S.C. 2601 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, if applicable, where the real property securing the consumer credit transaction is located.
      (3) Applicability of payment of interest If prescribed by applicable State or Federal law, each creditor shall
      pay interest to the consumer on the amount held in any impound, trust, or escrow account that is subject to
      this section in the manner as prescribed by that applicable State or Federal law. (4) Penalty coordination
      with RESPA Any action or omission on the part of any person which constitutes a violation of the Real Estate
      Settlement Procedures Act of 1974 or any regulation prescribed under such Act for which the person 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.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (g) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-h
  canonical_id: tila-15usc-1639d-h
  section: 15 U.S.C. §1639d(h)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (h): (h) Disclosures
    relating to mandatory escrow or impound account In the case of any impound, trust, or escrow account that is
    required under subsection (b), the creditor shall disclose by written notice to the consumer at least 3 business
    days before the consummation of the consumer credit transactio…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: '(h) Disclosures relating to mandatory escrow or impound account In the case of any impound,
      trust, or escrow account that is required under subsection (b), the creditor shall disclose by written notice
      to the consumer at least 3 business days before the consummation of the consumer credit transaction giving
      rise to such account or in accordance with timeframes established in prescribed regulations the following
      information: (1) The fact that an escrow or impound account will be established at consummation of the transaction.
      (2) The amount required at closing to initially fund the escrow or impound account. (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 chooses to terminate
      the account in the future, the consumer 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 is established. (6) Such other information as the Bureau determines
      necessary for the protection of the consumer.'
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (h) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-i
  canonical_id: tila-15usc-1639d-i
  section: 15 U.S.C. §1639d(i)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (i): (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 et seq.]. (2)…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: '(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 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 where the real property
      securing the consumer credit transaction is located. (3) Insured credit union The term “ insured credit union
      ” has the meaning given the term in section 1752 of title 12 . (4) Insured depository institution The term
      “ insured depository institution ” has the meaning given the term in section 1813 of title 12 .'
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (i) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: tila-15usc-1639d-j
  canonical_id: tila-15usc-1639d-j
  section: 15 U.S.C. §1639d(j)
  description: 'Escrow or impound accounts relating to certain consumer credit transactions — (j): (j) Disclosure
    notice required for consumers who waive escrow services (1) In general If— (A) an impound, trust, or other type
    of account for the payment of property taxes, insurance premiums, or other purposes relating to real property
    securing a consumer credit transaction is not established in co…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: TILA (Truth in Lending Act, 15 U.S.C.) § 1639d
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1639d
    snapshot_id: dd61e687c9e8e302
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:3f1b11d4a5a9214419838bb840cac9e823eb3a7cfbab89d67f517f18cf145b7f
    paragraph_quote: '(j) Disclosure notice required for consumers who waive escrow services (1) In general If—
      (A) an impound, trust, or other type of account for the payment of property taxes, insurance premiums, or
      other purposes relating to real property securing a consumer credit transaction is not established in connection
      with the transaction; or (B) a consumer chooses, and provides written notice to the creditor or servicer of
      such choice, at any time after such an account is established in connection with any such transaction and
      in accordance with any statute, regulation, or contractual agreement, to close such account, the creditor
      or servicer shall provide a timely and clearly written disclosure to the consumer that advises the consumer
      of the responsibilities of the consumer and implications for the consumer in the absence of any such account.
      (2) Disclosure requirements Any disclosure provided to a consumer under paragraph (1) shall include the following:
      (A) Information concerning any applicable fees or costs associated with either the non-establishment of any
      such account at the time of the transaction, or any subsequent closure of any such account. (B) A clear and
      prominent statement that the consumer 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, 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 or servicer and the potentially higher cost (including any potential commission payments to
      the servicer) or reduced coverage for the consumer in the event of any such creditor -placed insurance. (D)
      Such other information as the Bureau determines necessary for the protection of the consumer. ( 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 .)'
    drafter_attestation: Verbatim slice of 15 U.S.C. §1639d subsection (j) from Cornell LII snapshot dd61e687c9e8e302;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
