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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 your lender does not refund an overage of less than $50 to you, then it must apply it to your future estimated escrow payments. This would reduce you monthly escrow payments. In this case, your mortgage company would divide the escrow overage by 12 and reduce your monthly escrow payment each month by that amount. For example, if your overage was $48, then your monthly escrow payment is reduced by four dollars per month ($48 / 12).