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This extra amount is the cushion.. The Real Estate Settlement Procedures Act says that lenders can keep a maximum cushion of one-sixth of the total annual cost of items paid out of escrow. So if your taxes and insurance add up to $3,900 a year, your lender can keep a cushion of $650.Cushions are not overages.his extra amount is the cushion.. The Real Estate Settlement Procedures Act says that lenders can keep a maximum cushion of one-sixth of the total annual cost of items paid out of escrow. So if your taxes and insurance add up to $3,900 a year, your lender can keep a cushion of $650. Cushions are not overages.
If the funds in your escrow account are projected to be below your minimum balance at the lowest point in the 12-month period, you have a shortage. This can happen if the taxes or insurance premiums for the previous 12 months were more than expected. Or, if they're estimated to go up in the next 12 months.