Characteristics of a Qualified Mortgage
Seasoning period for seasoned QM
36 months after first payment due date
Mortgages that meet loan limits and other standards that loans must meet to qualify for purchase by Fannie Mae and Freddie Mac
Conforming Loans
Term used for the liability protection lenders gain from originated Qualified Mortgages
Safe Harbor
Qualified Mortgages are regulated by
Regulation Z
Underwriting of a Qualified Mortgage must thoroughly examine the borrower’s ability to repay the loan, governed by:
Ability to Repay Rule
Qualified Mortgage points and fees threshold:
Loan >= $110,260
3% of loan amount
Qualified Mortgage points and fees threshold:
$66,256 <= Loan < $110,260
$3,308
Qualified Mortgage points and fees threshold:
$22,052 <= Loan < $66,256
5% of loan amount
Qualified Mortgage points and fees threshold:
$13,783 < Loan < $22,052
$1,103
Qualified Mortgage points and fees threshold:
Loan < $13,783
8% of loan amount
Qualified Mortgages not involving higher-priced mortgage loans receive this type of compliance recognition
Conclusive Presumption of Compliance
Qualified Mortgages involving higher-priced mortgage loans receive this type of compliance recognition
Rebuttable Presumption of Compliance
The type of transactions governed by the QM rule, including closed-end loans secured by a dwelling
Covered Transactions
Due QM covered transactions include investment properties?
Yes
What is the main change included in the Final QM Rule, which becomes effective February 2022?
The revision eliminates the DTI ratio requirement and instead focuses on APR
What limit is placed on APR by the Final QM Rule?
APR cannot exceed the average prime offer rate (APOR) by more than 2.25%
What interest rate must creditors use to assess ATR on a variable rate loan to be a Qualified Mortgage?
The highest interest rate that may apply in the first five years
The Final QM Rule takes effect on February 8, 2022, but when will compliance become mandatory?
October 1, 2022
What are product restrictions under the Final Seasoned QM Rule?
When may a balloon payment or loan term greater than 30 years be acceptable for a Seasoned QM?
To accommodate a “disaster or pandemic-related national emergency”
What are delinquency rules for a Seasoned QM?
2. No delinquencies of 60 or more days
What is the definition of a Small Creditor under the QM Rule?
2. Originated < 2,000 first-lien transactions (previous calendar year)
Small Creditor product restrictions under QM Rule?