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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 amount of excess money in your escrow account grows to be larger than the allowable cushion, you've got an escrow surplus.. The lender can take a surplus of up to $50 and apply that money to your future escrow payments.But you have the right to receive a refund check for any surplus over $50.hat check isn't income to you. It's simply a refund of money that you provided to the lender to use to pay bills on your behalf. A look at how mortgage escrow works makes clear why a surplus check is not taxable income.