U.S. Escrow Rule & Negative Amortization

  Installment loans with long first periods can easily result in the loan negatively amortizing because the amount of interest due at the end of the first period exceeds the monthly payment.  The longer the loan and higher the interest rate, the sooner it happens.

Most states have rules against charging interest-on-interest, which is what happens when a loan negatively amortizes.

Table 1 below shows the maximum number of days in the first period without negative amortization. 

For lenders that offer up to 6 months to the first payment, there are very few combinations that are safe to use without the U.S. Escrow Rule method of calculation.


Rate

Term (in months)

12 24 36 60 84 120 180 240
5.00% 616 315 215 135 101 76 56 47
8.00% 391 203 141 91 70 54 43 37
10.00% 316 166 116 76 59 47 38 34
12.00% 266 141 99 66 52 43 36 33
15.00% 216 116 83 57 46 38 33 31
18.00% 183 99 72 50 42 36 32 30
20.00% 166 91 66 47 39 34 31 30
22.00% 153 84 62 45 38 33 31 30
25.00% 136 76 57 42 36 32 30 30
28.00% 124 70 53 40 35 32 30 30
30.00% 116 67 50 38 34 31 30 30

Table 1: Maximum number of days in the first period of a monthly loan without negative amortization
Color Code:  Max 45 days, 60 days, 90 days, 180 days, over 180 days.


Sample Loan 
Illustrating the
U. S. Escrow Rule





Amortization Tables

Actual/365 (US Rule)
Actual-to-First (US Rule)
Fed (360) Calendar (US Rule)
Fed (360) Calendar (Actuarial)

The following sample loan was selected to illustrate the differences between the various calendar systems and the U.S. Escrow Rule versus actuarial interest compounding.

By selecting a loan with a very long first period (1 year) and a very high interest rate (48%), the results from one calendar system to the next are significant and easy to recognize.  The high rate assures that the loan would negatively amortize if the U.S. Rule were not used.

In typical consumer loans, negative amortization can occur even with just 31 days to the first payment.  See Table 1.

Using the U.S. Rule, this unpaid interest is held aside in a separate escrow account and no interest is charged on it.  (This is how the vast majority of consumer loan processing systems work.)  

In the last (Actuarial) example, the interest is compounded monthly during the first period of one year, and then the unpaid portion of it is added to the principal balance, further increasing the interest payments over the course of the loan.

We've selected a 6-month loan so we can show the amortization of the loan on a month-by-month basis for each of the four different calendar systems in a compact space.

 
Principal 500,000.00
Term 6 monthly payments
Interest Rate 48.00%
Loan Date May 9, 2002
First Pmt Date May 9, 2003
Last Pmt Date Oct 9, 2003


Actual/365 Calendar & US Rule Interest Accrual
Payment is $135,083.09

Payment Date Balance Interest Period Escrow Prin Balance
0 5/9/02           500,000.00
1 5/9/03 500,000.00 240,000.00 365 days 104,916.91 .00 500,000.00
2 6/9/03 500,000.00 20,383.56 31 days   -9,782.62 490,217.38
3 7/9/03 490,217.38 19,340.08 30 days   -115,743.01 374,474.37
4 8/9/03 374,474,37 15,266.24 31 days   -119,816.85 254,657.53
5 9/9/03 254,657.53 10,381.65 31 days   -124,701.44 129,956.09
6 10/9/03 129,956.09 5,126.99 30 days   -129,956.10 0.00


Actual-to-First Payment Calendar & US Rule Interest Accrual
Payment is $134,993.63

Payment Date Balance Interest Period Escrow Prin Balance
0 5/9/02           500,000.00
1 5/9/03 500,000.00 240,000.00 365 days 105,006.37 .00 500,000.00
2 6/9/03 500,000.00 20,000.00 1 m   -9,987.26 490,012.74
3 7/9/03 490,012.74 19,600.51 1 m   -115,393.12 374,619.62
4 8/9/03 374,619.62 14,984.78 1 m   -120,008.85 254,610.77
5 9/9/03 254,610.77 10,184.43 1 m   -124,809.20 129,801.58
6 10/9/03 129,801.58 5,192.05 1 m   -129,801.58 0.00


Federal Calendar & US Rule Interest Accrual
Payment is $134,993.63

Payment Date Balance Interest Period Escrow Prin Balance
0 5/9/02           500,000.00
1 5/9/03 500,000.00 240,000.00 12 m 105,006.37 .00 500,000.00
2 6/9/03 500,000.00 20,000.00 1 m   -9,987.26 490,012.74
3 7/9/03 490,012.74 19,600.51 1 m   -115,393.12 374,619.62
4 8/9/03 374,619.62 14,984.78 1 m   -120,008.85 254,610.77
5 9/9/03 254,610.77 10,184.43 1 m   -124,809.20 129,801.58
6 10/9/03 129,801.58 5,192.05 1 m   -129,801.58 0.00


Federal Calendar & Actuarial Interest Accrual
Payment is $146,834.59

Payment Date Balance Interest Period   Prin Balance
0 5/9/02           500,000.00
1 5/9/03 500,000.00 300,516.11 12 m  

153,681.52 

653,681.52
2 6/9/03 653,681.52 26,147.26 1 m   (120,687.33) 532,994.19
3 7/9/03 532,994.19 21,319.77 1 m   (125,514.82) 407,479.37
4 8/9/03 407,479.37 16,299.17 1 m   (130,535.42) 276,943.95
5 9/9/03 276,943.95 11,077.76 1 m   (135,756.83) 141,187.12
6 10/9/03 141,187.12 5,647.47 1 m   (141,187.12) 0.00

The interest is compounded monthly in the first period and is therefore significantly higher than the US Rule example above.  Also notice how the loan negatively amortizes.  This results in higher interest charges for all of the remaining periods in the loan.  Even the last monthly interest charge is higher by $455.42 ($5,647.47 - $5,192.05) because of the initial negative amortization.  The total finance charge on this loan is $71,045.76 higher than the previous US Rule example - all because of interest compounding and negative amortization.

The formula used to compute this payment is:

Let      i = 48.00 / 1200.0
  Odd-days = 330
         n = 6
      Note = 500000.00
        An = (1 - 1 / ((1 + i) ^ n) / i

Then,
Pmt = Note x (1 + i) ^ (Odd-days / 30) / An
    = 500000.00 x 1.53945406 / 5.24213680
    = 146834.5939

This method should not be used for consumer loans, and is displayed here for comparison purposes only.  Note that many payment formulas distributed by credit insurance companies and others will compute the payment with the illustrated compounding of interest and negative amortization.  This results in the charging of interest on interest which is not permitted in most states.

A variation of this formula used by some insurance companies eliminates the compounding during the odd-day period, but does nothing to prevent negative amortization:

Pmt = Note x (1 + Odd-days / 30 * i) / An
    = 500000.00 x 1.440000 / 5.24213680
    = 137348.5713

which generates a somewhat more reasonable payment, but one that is still $2,354.94 TOO HIGH compared with the U.S. Rule payment of $134,996.63.  This would still result in an interest overcharge of $14,129.65.