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Home » Topics » Regulation » Ability to Repay

Ability to Repay
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Many Sources to Find Non-QM Borrowers

June 9, 2017
Lenders planning to originate non-qualified mortgages have many sources to find potential borrowers, according to officials at Angel Oak Mortgage Solutions. AOMS focuses its business on non-QM originations via the correspondent and wholesale channels. Tom Hutchens, a senior vice president of sales and marketing at Angel Oak, has detailed the ways loan officers can find non-QM borrowers in a series of webinars. He suggests...
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CFPB to Assess ATR/QM Rule, But Dodd-Frank Limits Change

June 5, 2017
The CFPB recently announced its plan to review and evaluate the effectiveness of its ability-to-repay/ qualified mortgage rule, as per the requirements of the Dodd-Frank Act, and is soliciting interested parties for their input. “We are asking the public to comment on our plan, to suggest sources of data, and generally to provide information that would help with the assessment,” bureau officials said in a blog posting revealing the plan. They added that the agency views the pending review and evaluation as an opportunity. “Conducting the assessment will advance our knowledge of the benefits and costs of the key requirements of the ATR/QM rule,” said the officials. “The assessment will also provide the public with information on the mortgage lending market, ...
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Does Reliance on GSE Patch Give Fannie, Freddie Too Much Power?

June 5, 2017
Perhaps the single most critical aspect of the CFPB’s pending assessment of its ability-to-repay/qualified mortgage rule will be what happens to the so-called GSE patch. Under the patch, one of the discretionary elements the bureau added to the Dodd-Frank Act parameters of the rule, loans eligible for sale to the two government-sponsored enterprises, Fannie Mae and Freddie Mac, are granted safe-harbor QM status regardless of the loans’ debt-to-income ratio, as long as they meet other QM requirements. “Without that exemption, the bureau realized that being left with the standard QM (with the 43 percent DTI and Appendix Q) would have significantly limited mortgage lending,” said Richard Andreano, a partner in the mortgage banking unit at the Ballard Spahr law firm ...
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ABA Pushes Portfolio QMs, Ditching the 43 Percent DTI

June 5, 2017
The American Bankers Association sent a letter to Secretary Treasury Steve Mnuchin late last month detailing a handful of key reforms it believes are needed to the ability-to-repay/qualified mortgage rule promulgated by the CFPB. The trade group’s correspondence was in response to President Trump’s Executive Order 13772 and the circulation of his core principles for regulating the U.S. financial system.For starters, the ABA said all mortgages originated and held in a bank’s own portfolio should be considered QM, and should be afforded safe harbor legal treatment. “This approach is consistent with safe lending principles because holding loans in portfolio means that the bank is retaining 100 percent of the risk on that loan,” said the organization. Banks will offer ...
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CFPB Plans to Assess ATR/QM Rule, Fate of ‘GSE Patch’ Likely to be Key

June 1, 2017
The Consumer Financial Protection Bureau last week announced it will assess the effectiveness of its ability-to-repay/qualified-mortgage rule, as per the requirements of the Dodd-Frank Act, and is asking for public input. The CFPB will examine the impact of major provisions of the rule on mortgage costs, origination volumes, approval rates and subsequent loan performance. A special focus is on self-employed borrowers, those with seasonal or part-time income and borrowers with income from assets. Another topic for review is...
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The ‘New’ Subprime Market Is Small But Growing Rapidly. Will the Big Boys Finally Enter the Space?

June 1, 2017
Citadel Servicing Corp. and Angel Oak Companies – two of the most active nonprime lenders operating today – are looking at record originations for the second quarter and all of 2017. But don’t expect a torrent of conventional lenders to jump into the space anytime soon. According to interviews conducted by Inside Mortgage Finance in recent weeks, there’s plenty of interest in the “new” subprime market, a business predicated on sober loan-to-value ratios and rigorous underwriting, but most conventional lenders do not see it as safe. At least not yet. “Right now, there’s...
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Angel Oak Hopes to Securitize at Least Quarterly; Citadel’s First MBS May Come Late this Summer

May 26, 2017
Two of the most active nonprime originators operating today may be headed in different directions when it comes to securitizing the non-qualified mortgages they’ve been originating. An official at the Angel Oak Companies told Inside MBS & ABS this week that the lender hopes to securitize at least once a quarter “going forward.” Citadel Servicing Corp., Irvine, CA, had hoped to issue its first security either late this month or in June, but appears to be pushing back its timetable. Dan Perl, CEO and founder of Citadel, declined...
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Wall Street, Banks Differ on QM Standard

May 26, 2017
Participants in the non-agency mortgage-backed security market and banks have proposed different ways of how to address debt-to-income ratio standards for qualified mortgages. The Structured Finance Industry Group wants the Consumer Financial Protection Bureau to consider speeding the timeline for ending the so-called QM patch, while the American Bankers Association seeks a permanent fix for the DTI issue. The debate centers on the 43.0 percent DTI ratio standard for QMs ...
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FSR Calls for White House to Change CFPB Structure, Rules

May 22, 2017
The Financial Services Roundtable advised the Trump administration that the structure of the CFPB needs to be changed, and that the agency should revise a handful of its key mortgage rulemakings, most notably the ability-to-repay/qualified mortgage rule, the Home Mortgage Disclosure Act rule and the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule, or TRID. The FSR’s call came in a detailed response to President Trump’s Executive Order 13777, “Reducing Regulation and Controlling Regulatory Costs,” issued earlier this year, directing the Treasury Department to conduct an assessment of financial regulations to evaluate how they align with the White House’s core principles of financial regulation.In terms of the bureau itself, the industry organization said the governance structure ...
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Other News in Brief

May 22, 2017
Treasury Eyeballing CFPB Rules as Part of Regulatory Relief Review. The Treasury Department is focused on a wide range of regulatory requirements where simple communication and clarification of the regulatory intent is warranted, such as the CFPB’s ability-to-repay rule, the integrated disclosure rule and the Home Mortgage Disclosure Act rule, Craig Phillips, counselor to the Treasury secretary, said during a symposium in New York City last week, according to Inside Mortgage Finance.... Dodd-Frank Changes to be Discussed. House Financial Services Committee Chairman Jeb Hensarling, R-TX, is scheduled to discuss his Dodd-Frank Act alternative, H.R. 10, the Financial CHOICE Act, Tuesday of this week at an event at the American Enterprise Institute....
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