Summary of OCC Escrow Final Rules
Updated 06/01/2026
On May 19, 2026, the Office of the Comptroller of the Currency (OCC) issued two final rules. The first rule codifies longstanding powers of banks to establish or maintain real estate lending escrow accounts and exercise flexibility in making business judgements as to the terms and conditions of the accounts, including whether and to what extent to offer any compensation or assess any fees related to the accounts. The second rule states that federal law preempts state laws that eliminate national banks’ and federal savings associations’ flexibility to decide whether and to what extent to pay interest or other compensation on funds placed in real estate escrow accounts or assess fees in connection with such accounts.
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