Can a lender require an escrow account for taxes and insurance when doing a refinance?

Condo loan amount is $326,000 and all payments have been made on time for several years. Refi being done with same, original lender. Condo owner occupied. Lender claims right to mandate escrow account under state law.

Asked on October 7, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It seems from what you have written that the lender for the current loan's refinance wants an impound account for property taxes and insurance to safeguard its interests with respect the loan that you may obtain with it.

If this is the case, carefully read your loan agreement with this particular lender in that its terms and conditions control the obligations owed to you by the lender and vice versa in the absence of conflicting state law.

If the lender requires as a condition of loan approval an impound account for property taxes and insurance, it can do so. Your option if you do not like this condition is to seek a loan from another lender that does not have that requirement.

Good luck.

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