5-601 - Interest on deposits in escrow with mortgage investing institutions.

§ 5-601. Interest  on  deposits  in  escrow  with  mortgage  investing  institutions. Any mortgage  investing  institution  which  maintains  an  escrow  account  pursuant to any agreement executed in connection with a  mortgage on any one to six family residence occupied by the owner or  on  any property owned by a cooperative apartment corporation, as defined in  subdivision  twelve  of  section three hundred sixty of the tax law, (as  such subdivision was in effect on December thirtieth,  nineteen  hundred  sixty),  and  located  in this state shall, for each quarterly period in  which such escrow account is established, credit the same with dividends  or interest at a rate of not less than two per centum per year based  on  the  average  of  the  sums  so  paid  for the average length of time on  deposit or a rate prescribed by the banking board  pursuant  to  section  fourteen-b  of  the banking law and pursuant to the terms and conditions  set forth in that section whichever is higher. The banking  board  shall  prescribe  by  regulation  the  method or basis of computing any minimum  rate of interest required by this section  and  any  such  minimum  rate  shall  be  a  net  rate  over  and  above any service charge that may be  imposed by any mortgage lending institution for  maintaining  an  escrow  account. No mortgage investing institution shall impose a service charge  in connection with the maintenance of an escrow account unless provision  therefor  was  expressly  made  in a loan contract executed prior to the  effective date of this section.