(v) the balance in the trust account at the end of the period; (5) Notification of default or default on the trust account. The service provider must inform the borrower at least once during the year of calculation of the trust account in the event of a default or default on the trust account. The notification may be part of the annual fiduciary account statement or a separate document. (iii) small service providers. Notwithstanding subsections (k) (5) (i) and (k) (5) (ii) (B) of this Section and subject to the conditions set out in paragraph 1024.37, a service may: which is qualified as a small service provider in accordance with 12 CFR 1026.41 (e) (4), purchase compulsory insurance and charge the borrower for the costs of such insurance where the cost to the borrower of the compulsory insurance is less than the amount, that the small service provider should pay to the borrower`s Treuhand. Account to ensure that the borrower`s risk insurance premium fees have been paid in a timely manner. The trust agent will deliver the document to the relevant party when the terms of the contract are met. The depositor has no control over the instrument deposited on the fiduciary service. When the condition is met, the stock exchange or debtor has the right to deliver the assigned property. Delivery may be enforced by court order.

When a custodian refuses delivery, the remedy is usually not against the other party to compel the specific performance of the trust agreement. The depositary may be appealed for possession of the document. If a depositary refuses delivery and claims deposit, the depositary may be held liable for the conversion. Angle v. Bass, 169 Okla. 120, 122 (Okla. 1934). An aggregated (or) compound analysis, hereinafter referred to as aggregate analysis, is an accounting method used by a service provider to perform a fiduciary account analysis by calculating the sufficient amount of trust account funds by analyzing the account as a whole. Appendix E to this part contains examples of aggregate analyses of fiduciary accounts. (i) the initial statement from the trust account includes the amount of the borrower`s monthly mortgage payment and the portion of the monthly payment made to the trust account, as well as the estimated taxes, insurance premiums and other charges that the service provider reasonably expects to be paid by the trust account during the year in which the trust account is calculated, as well as the estimated dates of payment of these fees. The initial fiduciary account statement shall indicate the amount chosen by the service provider as a buffer. If the conditions of the trust agreement are met and the depositary has not or refuses delivery of the deposited object, the remedy, either legal or to the right of convenience, is the responsibility of the depositary and not the depositor.

However, the other party to the fiduciary service may be bound to the depositary as the defendant if that party`s failure to comply with the required trust conditions has led the depositary to refuse to act or if that party asserts rights in the deposited assets that affect its rights. . . .