(Feb. 5, 2021) NASCUS’ latest summary of CFPB actions outlines the new rule on season qualified mortgages (QMs) under the Truth-in-Lending Act (Regulation Z); the summary was posted this week.
The summary is available to members only; the rule takes effect March 21.
In early December, the bureau finalized its “seasoned QM” rule, which creates a new category for first-lien, fixed-rate covered transactions that have met certain performance requirements, are held in portfolio by the originating creditor or first purchaser for a 36-month period, comply with general restrictions on product features and points and fees, and meet certain underwriting requirements.
A loan becomes eligible as a seasoned QM, the bureau stated when the rule was finalized, when as a first-lien, fixed-rate loan has no balloon payments and meets certain other product restrictions. As under the general QM final rule, the bureau said, the creditor must also consider the consumer’s DTI ratio or residual income, income or assets other than the value of the dwelling, “and debts and verify the consumer’s income or assets other than the value of the dwelling and the consumer’s debts.”
The loan must also “season” by meeting certain performance requirements at the end of the seasoning period, CFPB said. Specifically, according to the bureau, the loan can have no more than two delinquencies of 30 or more days and no delinquencies of 60 or more days at the end of the seasoning period. The creditor or first purchaser also generally must hold the loan on portfolio until the end of the seasoning period.