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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.
Your lender is required by law to refund the amount. If the overage is less than $50, it can be used as a credit on the next year's escrow payments. If the overage amount is more than $50, the lender must issue you a check for the total amount. You should also keep track of your own escrow account.our lender estimates how much you need to pay into escrow each month at the beginning of each year. Sometimes the lender can overestimate your total costs for property taxes and homeowner's insurance. If this happens, the lender owes you a refund at the end of the year or beginning of the next.