Ability-to-Repay/Qualified Mortgage Rule! Everything You Need To Know.

By: Suraj Rajput

Ability-to-Repay/Qualified Mortgage Rule! Everything You Need To Know.

The Ability-to-Repay/Qualified Mortgage (ATR/QM) Rule is a set of regulations issued by the Consumer Financial Protection Bureau (CFPB) to prevent risky lending practices that contributed to the financial crisis of 2008. The rule requires mortgage lenders to verify a borrower’s ability to repay a loan before making the loan and creates specific standards for qualified mortgages. This blog post will provide a comprehensive overview of the ATR/QM Rule, including its purpose, requirements, and impact on the mortgage industry.

Purpose of the ATR/QM Rule

The ATR/QM Rule was created to ensure borrowers are not given loans they cannot afford to repay. The rule requires mortgage lenders to assess borrowers’ ability to repay a loan based on their income, assets, debt, and credit history. By verifying a borrower’s ability to repay a loan, the ATR/QM Rule aims to prevent a recurrence of the irresponsible lending practices that led to the housing crisis of 2008.

Requirements of the ATR/QM Rule:

The ATR/QM Rule requires mortgage lenders to follow certain requirements when lending to borrowers. These requirements include:

1. Verification of Income and Assets

Mortgage lenders must verify a borrower’s income and assets to determine their ability to repay a loan. This includes reviewing the borrower’s pay stubs, tax returns, bank statements, and other financial documents.

2. Calculation of Debt-to-Income Ratio

Mortgage lenders must calculate a borrower’s debt-to-income (DTI) ratio to determine whether they can afford to repay a loan. The DTI ratio is the percentage of a borrower’s monthly income that goes towards debt payments, including mortgage payments, credit card payments, and other loans.

3. Verification of Employment

Mortgage lenders must verify a borrower’s employment status to determine their ability to repay a loan. This includes verifying the borrower’s job history, current employment status, and future job prospects.

4. Review of Credit History

Mortgage lenders must review a borrower’s credit history to determine their ability to repay a loan. This includes reviewing the borrower’s credit score, payment history, and any outstanding debts.

Qualified Mortgage Standards

In addition to the requirements above, the ATR/QM Rule also creates specific standards for qualified mortgages. Qualified mortgages are loans that meet certain criteria, including:

1. Restriction on Loan Features

Qualified mortgages cannot have certain risky features, such as negative amortization, interest-only payments, or balloon payments. These features can lead to payment shock for borrowers and make it more difficult for them to repay a loan.

2. Limit on Debt-to-Income Ratio

Qualified mortgages must have a maximum debt-to-income (DTI) ratio of 43%. This means that the borrower’s monthly debt payments cannot exceed 43% of their monthly income.

3. Verification of Ability to Repay

Qualified mortgages must be based on a borrower’s ability to repay a loan. Mortgage lenders must verify a borrower’s ability to repay a loan by considering their income, assets, debts, and credit history.

Impact of the ATR/QM Rule:

The ATR/QM Rule has had a significant impact on the mortgage industry since its implementation in 2014. The rule has led to changes in underwriting practices, loan products, and borrower qualification standards. Some of the key impacts of the ATR/QM Rule include:

1. Increased Focus on Borrower Ability to Repay

The ATR/QM Rule has increased the focus on a borrower’s ability to repay a loan. Mortgage lenders are now required to verify a borrower’s ability to repay a loan based on their income, assets, debts, and credit history. This has led to more responsible lending practices and a reduction in the number of risky loan products.

2. Restriction on Risky Loan Features

The ATR/QM Rule restricts certain risky loan features, such as negative amortization, interest-only payments, or balloon payments. This has made it more difficult for some borrowers to qualify for certain types of loans. However, it has also reduced the risk of payment shock and foreclosure for borrowers.

3. Creation of Qualified Mortgage Standards

The ATR/QM Rule has created specific standards for qualified mortgages. These standards have made it easier for borrowers to compare mortgage products and understand their loan terms. Additionally, qualified mortgages are considered safer for borrowers and carry certain legal protections.

4. Increased Compliance Costs for Mortgage Lenders

The ATR/QM Rule has increased compliance costs for mortgage lenders. Lenders must now invest in additional resources to verify borrower information, assess DTI ratios, and comply with other ATR/QM requirements. These costs are ultimately passed on to borrowers in the form of higher interest rates or fees.

5. Potential Impact on Mortgage Availability

The ATR/QM Rule has the potential to impact mortgage availability, particularly for borrowers with low credit scores or high DTI ratios. Lenders may be more cautious about extending credit to these borrowers due to the risk of noncompliance with ATR/QM requirements. This may lead to reduced access to credit for some borrowers.

Conclusion

The Ability-to-Repay/Qualified Mortgage Rule is an important set of regulations designed to prevent risky lending practices and protect borrowers from unsustainable debt. The rule requires mortgage lenders to verify a borrower’s ability to repay a loan before making the loan and creates specific standards for qualified mortgages. While the ATR/QM Rule has had a significant impact on the mortgage industry, it has also led to more responsible lending practices and greater protections for borrowers. As the mortgage industry continues to evolve, it is likely that the ATR/QM Rule will continue to play a critical role in ensuring that borrowers are not given loans that they cannot afford to repay.

 

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