(a) (1) No impound, trust, or other type of account forpayment of taxes on the property, insurance premiums, or otherpurposes relating to the property shall be required as a condition ofa real property sale contract or a loan secured by a deed of trustor mortgage on real property containing only a single-family,owner-occupied dwelling, except: (A) where required by a state orfederal regulatory authority, (B) where a loan is made, guaranteed,or insured by a state or federal governmental lending or insuringagency, (C) upon a failure of the purchaser or borrower to pay twoconsecutive tax installments on the property prior to the delinquencydate for such payments, (D) where the original principal amount ofsuch a loan is (i) 90 percent or more of the sale price, if theproperty involved is sold, or is (ii) 90 percent or more of theappraised value of the property securing the loan, (E) whenever thecombined principal amount of all loans secured by the real propertyexceeds 80 percent of the appraised value of the property securingthe loans, (F) where a loan is made in compliance with therequirements for higher priced mortgage loans established inRegulation Z, whether or not the loan is a higher priced mortgageloan, or (G) where a loan is refinanced or modified in connectionwith a lender's homeownership preservation program or a lender'sparticipation in such a program sponsored by a federal, state, orlocal government authority or a nonprofit organization. Nothingcontained in this section shall preclude establishment of such anaccount on terms mutually agreeable to the parties to the loan, if,prior to the execution of the loan or sale agreement, the seller orlender has furnished to the purchaser or borrower a statement inwriting, which may be set forth in the loan application, to theeffect that the establishment of such an account shall not berequired as a condition to the execution of the loan or saleagreement, and further, stating whether or not interest will be paidon the funds in such an account. An impound, trust, or other type of account for the payment oftaxes, insurance premiums, or other purposes relating to propertyestablished in violation of this subdivision is voidable, at theoption of the purchaser or borrower, at any time, but shall nototherwise affect the validity of the loan or sale.
Bookmarks