The Mortgagee must perform analysis, at least annually, of the escrow account to provide for adequate collections to pay escrow bills when due without creating excessive surpluses. The Mortgagee must begin these analyses no later than the end of the second year of the life of the Mortgage.
The Mortgagee must retain any escrow surplus discovered when performing the annual escrow account analysis for a Delinquent Mortgage pursuant to the terms of the mortgage documents and federal law and regulation, including the Real Estate Settlement Procedures Act (RESPA).
For policy information see Handbook 4000.1 III.A.1.g.iii. at https://www.hud.gov/program_offices/administration/hudclips/handbooks/hsgh