(a) When the mortgage is reduced to 65% of its original amount by payments of the borrower, timely made according to the provisions of the loan agreement secured by the mortgage, and the borrower is otherwise not in default on the loan agreement, the mortgage lender must notify the borrower that he may terminate such escrow account or that he may elect to continue it until he requests a termination thereof, or until the mortgage is paid in full, whichever occurs first.
     (b) Notwithstanding the requirements in subsection (a), a mortgage lender that complies with the escrow account requirements in Title 12 C.F.R. part 1026, as amended, for a mortgage loan that is a higher-priced mortgage loan, as defined in Title 12 C.F.R. part 1026, as amended, is deemed to be in compliance with subsection (a).