Summary of Real Estate Lending Escrow Accounts Proposed Rule Request for Public Comment

Updated 02/09/2026

The Office of the Comptroller of the Currency (OCC) has issued a proposed rule to codify longstanding powers of banks to establish or maintain real estate lending escrow accounts and exercise flexibility in making business judgement as to the terms and conditions of the accounts, including whether and to what extent to offer any compensation or asses any fees related to the accounts. The rule would affirm the OCC’s stance that banks may charge fees, and choose whether or not to pay interest, on both consumer and business-purpose escrow accounts. 

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