FinCEN Guidance FIN-2020-G002

Frequently Asked Questions Regarding Customer Due Diligence (CDD) Requirements for Covered Financial Institutions

August 3, 2020

FinCEN has issued updated responses to 3 FAQs regarding CDD requirements for covered financial institutions.  The FAQs clarify the regulatory requirements related to:

  • obtaining customer information
  • establishing a customer risk profile
  • performing ongoing monitoring of the customer relationship to assist with CDD compliance obligations

These FAQs are in addition to those that were published on July 19, 2016 and April 3, 2018.  More information is available on FinCEN’s CDD webpage.

I. Customer Information – Risk-Based Procedures

The first question asks about the extent of the information to be collected on members at account opening: whether information about expected activity must be collected on all customers at account opening, or on an ongoing or periodic basis; whether media searches must be done on all customers at account opening or on an ongoing basis; and whether a financial institution needs to know its customer’s customer when providing services to another financial institution.

FinCEN provides the following responses in the revised FAQs:

  • The CDD Rule does not categorically require the collection of any particular customer due diligence information (other than that required to develop a customer risk profile, conduct monitoring, and collect beneficial ownership information).
  • The performance of media searches or the collection of customer information from a financial institution’s bank customers is a risk-based decision at the discretion of the financial institution.
  • A covered financial institution may make a risk-based determination that a customer’s risk profile is low and additional information is not necessary.
  • Covered financial institutions must establish policies, procedures, and processes for determining whether and when, on the basis of risk, to update customer information to ensure that customer information is current and accurate.

II. Customer Risk Profile

The second question asked whether financial institutions must use a specific method to risk rate customers or automatically characterize as high-risk customers and products that are identified as such in government publications.

FinCEN answered that there is no requirement that covered institutions use a specific method or categorization to establish a customer risk profile. Furthermore, there is no requirement to automatically categorize as “high risk” products or customer types listed in government publications.

III. Ongoing Monitoring of the Customer Relationship

Question three asked whether CDD requires financial institutions update customer information on a specific schedule.

FinCEN answered that there is no categorical requirement that financial institutions update customer information on a continuous or periodic schedule. The requirement to update customer information is risk based and should be undertaken based on normal monitoring. If monitoring reveals a change in customer information relevant to assessing the risk posed by the customer, then the customer information should be updated accordingly. Some financial institutions may decide as part of their policies to review customer information on a regular or periodic basis.

 

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NCUA Weekly Update — August 31, 2020
NCUA Weekly Update — August 24, 2020
NCUA Weekly Update — June 1, 2020
NCUA Training Slides — November 4, 2019

Summary: Proposed Rule re: Higher Priced Mortgage Loan Escrow Exemption (Regulation Z)

12 CFR Part 1026

The Consumer Financial Protection Bureau

 Prepared by the Legislative and Regulatory Affairs Department

 July 2020

The Bureau is proposing to amend Regulation Z, which implements the Truth in Lending Act, as mandated by Section 108 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRPCA). The amendments would exempt certain insured depository institutions and insured credit unions from the requirement to establish escrow accounts for certain higher-priced mortgage loans.

Comments must be received by September 21, 2020.  The proposed rule can be found here.

Summary:

Regulation Z, which implements the Truth in Lending Act, requires creditors establish an escrow account for certain higher-priced mortgage loans (HPMLs) with some exemptions.  Section 108 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRPCA) required the Bureau to issue regulations that provide a new exemption from TILA’s escrow requirement for loans made by certain insured depository institutions and insured credit unions.

New Section 1026.35(b)(2)(vi) would exempt from the Regulation Z HPML escrow requirement any loan made by an insured depository institution or insured credit union and secured by a first lien on the principal dwelling of a consumer if (i) the institution has assets of $10 billion  or less; (ii) the institution and its affiliates originated 1,000 or fewer loans secured by a first lien on a principal dwelling during the preceding calendar year; and (iii) certain of the existing Regulation Z HPML escrow exemption criteria, or those of any successor regulation are met.

In addition, the proposal would implement the EGRRPA section 108 statutory directive and would remove obsolete text from the official interpretation of Regulation Z.

The Bureau proposed that the amendments included in this proposal take effect for mortgage applications received by an exempt institution on the date of the final rule’s publication in the Federal Register.

Comments:

  • The Bureau seeks comments on its proposed amendments to Section 1026.35 and on the need for the proposed changes and the impact on consumers of extending the exemption of the escrow requirements in Section 1026.35(b)(1).
  • The Bureau seeks comment on whether the proposed effective date is appropriate, or whether the Bureau should adopt an alternative effective date.
  • The Bureau request information regarding any additional data or studies that could help quantify the benefits and costs to consumers and covered persons of the proposed rule.
  • The Bureau requests comment on the analysis provided in the rule and request information regarding any relevant data that should be included.

 

Summary: CFPB Request for Information on the Equal Credit Opportunity Act and Regulation B

The Consumer Financial Protection Bureau

Prepared by the Legislative and Regulatory Affairs Department

 August 2020

 The Consumer Financial Protection Bureau seeks comments and information to identify opportunities to prevent credit discrimination, encourage responsible innovation, promote fair, equitable and nondiscriminatory access to credit address potential regulatory uncertainty, and develop viable solutions to regulatory compliance challenges under the Equal Credit Opportunity Act (ECOA) and, its implementing regulation, Regulation B. Regulation B covers creditor activities before, during and after the extension of credit.

Comments must be received by December 1, 2020.  The RFI can be accessed here.

Summary:

The Equal Credit Opportunity Act (ECOA), which is implemented by Regulation B, makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction:

  • On the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract);
  • Because all or part of the applicant’s income derives from any public assistance program; or
  • Because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.

Creditors are also prohibited from making any oral or written statement ( in advertising or otherwise) to applicants or prospective applicants that would discourage, on a prohibited basis, a reasonable person from making or pursuing an application.

Comments:

The Bureau seeks comments on the actions it can take or should consider taking to prevent credit discrimination, encourage responsible innovation, promote fair, equitable and nondiscriminatory access to credit, address potential regulatory uncertainty and develop viable solutions to regulatory compliance challenges under ECOA and Regulation B.

The Bureau encourages comments to share their views on all or a subset of the questions included below. The questions are not meant to be exhaustive; the Bureau welcomes additional relevant comments on these topics.

  • Disparate impact:
    • Should the Bureau provide additional clarity regarding its approach to disparate impact analysis under ECOA and/or Regulation B? If so, on what way?
  • Limited English Proficiency:
    • The Bureau seeks to understand the challenges specific to serving LEP consumers and to find ways to encourage creditors to increase assistance to LEP consumers. Should the Bureau provide additional clarity under ECOA and/or Regulation B to further encourage creditors to provide assistance, products, and services in languages other than English to consumer with limited English proficiency? If so, in what ways?
  • Special Purpose Credit Programs:
    • The special purpose credit programs provisions under ECOA/Regulation B provide targeted means by which creditors, under certain circumstances, can meet “special social needs” and “benefit economically disadvantaged groups.” Should the Bureau address any potential regulatory uncertainty and facilitate the use of SPCPs? If so, in what ways?
  • Affirmative Advertising to Disadvantaged Groups:
    • The official interpretation to Regulation B provides that creditors may affirmatively solicit or encourage members of traditionally disadvantaged groups to apply for credit, especially groups that might not normally seek credit from that creditor. Should the Bureau provide clarity under ECOA/Regulation B to further encourage creditors to use such affirmative advertising to reach traditionally disadvantaged consumers and communities? If so, in what way?
  • Small Business Lending:
    • ECOA and Regulation B protect business owners from discrimination because of race, color, national origin, sex and other protected characteristics. In what way(s) might the Bureau support efforts to meet the credit needs of small businesses, particularly those that are minority owned and woman owned?
  • Sexual Orientation and Gender Identity Discrimination
    • In June 2020, in Bostock v. Clayton County, the Supreme Court rules that the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964 encompasses sexual orientation discrimination and gender identity discrimination. Should the Supreme Court’s decision in Bostock affect how the Bureau interprets ECOA’s prohibition against discrimination on the basis of sex? If so, in what way?
  • Scope of Federal Preemption of State Law
    • Regulation B alters, effects or preempts only those state laws that are inconsistent with ECOA and/or Regulation B and then only to the extent of the inconsistency. What are examples of potential conflicts or intersections between state laws, state regulations, and ECOA and/or Regulation B and should the Bureau address such potential conflicts or intersections? Should the Bureau provide further guidance to assist creditors evaluating whether state law is preempted to the extent it is inconsistent with the requirements of ECOA and/or Regulation B?
  • Public Assistance Income
    • ECOA makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction because all or part of the applicant’s income derives from any public assistance program. Should the Bureau provide additional clarity under ECOA and/or Regulation B regarding when all or part of the applicant’s income derives from any public assistance program? If so, in what way?
  • Artificial Intelligence and Machine Learning
    • The Bureau noted in its April 2020 annual fair lending report to Congress that financial institutions are starting to deploy AI and machine learning across a range of functions. Should the Bureau provide more regulatory clarity under ECOA and/or Regulation B to help facilitate innovation in a way that increases access to credit for consumers and communities in the context of AI/machine learning without unlawful discrimination? If so, in what way?
    • Should the Bureau modify requirements or guidance concerns notifications of action taken, including adverse action notices, under ECOA and/or Regulation B to better empower consumers to make more informed financial decisions and/or to provide additional clarity when credit underwriting decisions are based in part on models that use AI and machine learning? If so, in what way?
    • ECOA Adverse Action Notices
    • Under the ECOA and Regulation B, a statement of reasons for adverse action must be specific and indicate the principal reason(s) for the adverse action. Should the Bureau provide any additional guidance under ECOA and/or Regulation B related to when adverse action has been taken by a creditor, requiring a notification that includes a statement of specific reasons for the adverse action? If so, in what way?

 

 

 

Regulatory Alert 20-RA-06 Treatment of Certain COVID-19-Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act

August 2020

NCUA’s Regulatory Alert notifies credit unions of the CFPB’s interim final rule amending Regulation X (RESPA) that added a temporary exception to Subpart C to Reg X for certain COVID-19-related loss mitigation options. The rule became effective July 1, 2020.The rule allows a loan mortgage servicer to offer a borrower a loss mitigation option based on an evaluation of limited information collected from a borrower if certain criteria are met.

Reg X generally a mortgage loan servicer to exercise reasonable efforts to obtain all documents and information to complete a loss mitigation application from a borrower, and assess the borrower for all loss mitigation options available to the borrower based on the completed application. There are 2 exceptions:

  • When a servicer has exercised reasonable diligence in obtaining the documents and information to complete a loss mitigation application, but a loss mitigation application remains incomplete for a significant period of time under the circumstances without further progress by a borrower to make the loss mitigation application complete
  • When a servicer offers a short-term payment forbearance program or a short-term repayment plan to a borrower based upon an evaluation of an incomplete loss mitigation application.

The interim final rule adds a third temporary exception that is designed allow servicers to offer a payment deferral option offered by Fannie Mae and Freddie Mac, at the direction of the Federal Housing Finance Agency (FHFA), and a loss mitigation option for FHA insured loans.

To qualify for the 3rd exception, a credit union must meet 3 criteria:

  • Allow a borrower to delay paying all forborne principal and interest payments, and all principal and interest payments that are due and unpaid, until:
    • the mortgage loan is refinanced
    • the mortgaged property is sold
    • the term of the mortgage loan ends
    • for a mortgage insured by FHA, the mortgage insurance terminates
  • Not charge or accrue interest on any amounts a borrower may delay paying through the loss mitigation option; not charge any fee in connection with the loss mitigation option; and waive all existing late charges, penalties, stop payment fees, or similar charges promptly upon a borrower’s acceptance of the loss mitigation option
  • Terminate any pre-existing delinquency when a borrower accepts the loss mitigation offer

Under the interim final rule, when a borrower accepts a loss mitigation offer, a credit union is not required to comply with requirements of 1024.41(b)(1) and (2), which apply to an application a borrower submitted before the credit union made its loss mitigation offer.

Credit unions must also comply with other Regulation X requirements after a borrower accepts a loss mitigation offer. For example:

  • If a mortgage loan becomes delinquent again (at any time), a credit union would have to satisfy the early intervention requirements of 1024.39
  • If the borrower submitted a new loss mitigation application, the credit union would have to comply with the usual loss mitigation procedures

Small Servicer Exemption and the Prohibition on Certain Foreclosure Activities

NCUA notes that credit unions engaged in servicing mortgage loans that qualify as small servicers (they service 5k or fewer loans, all of which they or an affiliate own or originated) are not subject to the provisions of Regulation X relevant to this Regulatory Alert and are not affected by the amendment in the interim final rule. However, a small servicer is subject to the prohibition on certain foreclosure activities in Regulation X.5

Credit unions should read the provisions of the interim final rule and Reg X to determine the effect on their operations.

Letter to Credit Unions 20-CU-23 Annual Voluntary Credit Union Diversity Self-Assessment

August 2020

NCUA issued LTCU 20-CU-23 to encourage credit unions to completing NCUA’s Annual Voluntary Credit Union Diversity Self-Assessment. NCUA notes that in 2018, 81 credit unions completed the assessment and last year that number increased to 118. NCUA believes the Diversity Self-Assessment is “a valuable tool for credit unions seeking to make a stronger commitment to diversity, inclusion, and equity” and can help industry strengthen its commitment to those principles.

NCUA aggregates the data from submissions and issues a report on the state of diversity, equity, and inclusion throughout the credit union system. No respondents are identified in the report.

NCUA notes that the Diversity Self-Assessment is available to be completed year-round but that most credit unions complete it at year-end. NCUA encourages credit unions to voluntary commit to completing the  Annual Voluntary Credit Union Diversity Self-Assessment by emailing [email protected] and pledging to submit the survey by year-end.

Letters to Credit Unions 20-CU-22 Update to NCUA’s 2020 Supervisory Priorities

July 2020

NCUA issued LTCU 20-CU-22 to update its Supervisory Priorities listed in LTCU 20-CU-01 in light of developments related to the COVID-19 pandemic. NCUA notes that given the challenges presented by the pandemic, the agency will be:

  • updating the Examiner’s Guide to include additional guidance for examiners and review procedures
  • scheduling eligible credit unions for examination in accordance with the extended examination cyclepursuant to the 2016 NCUA Exam Flexibility Initiative
  • conducting risk-focused examinations, concentrating on areas of highest risk, new products and services, and compliance on all other credit unions

Information on the NCUA’s response to the pandemic is available at Coronavirus (COVID-19): Information for Federally Insured Credit Unions and Members.

Updated Exam Priorities for 2020 Q3 and Q4

 Bank Secrecy Act Compliance/Anti-Money Laundering

NCUA will continue to conduct BSA/AML reviews with an emphasis on CDD and beneficial ownership requirements (effective May 11, 2018). NCUA will also focus on proper filing of SARs and CTRs and reviews of bi-weekly 314(a) information requests.

(NASCUS Note: On August 3, 2020 FINCEN issued updated FAQs related to CDD.)

NCUA participates on an interagency working group with FinCEN and other FBAs which has to date:

NCUA has a Bank Secrecy Act Resources webpage with additional information.

  • Coronavirus Aid, Relief and Economic Security Act

NCUA has added the CARES Act as a supervisory priority and its examiners will review credit unions’ good faith efforts to comply with the Act.

For more information, see LTCU 20-CU-07, Summary of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

 Consumer Financial Protection

NCUA will continue to examine for compliance with applicable consumer financial protection regulations during every examination including:

  • Electronic Fund Transfer Act (Reg E) – Examiners will evaluate EFT policies & review initial account disclosures & Reg E error resolution
  • FCRA – Examiners will review credit reporting policies & procedures and the accuracy of reporting to credit bureaus, particularly the date of first delinquency
  • GLBA – Examiners will evaluate credit union protection of non-public data
  • Small dollar lending – Examiners will test for compliance with the NCUA PALs rules & review other credit union short-term, small-dollar loan programs
  • TILA (Reg Z) –Examiners will evaluate whether finance charges and annual percentage rates are accurately disclosed, and late fees are levied appropriately
  • Military Lending Act (MLA) and Servicemembers Civil Relief Act (SCRA) – For credit unions that have not received a recent review, examiners will review credit union compliance with the MLA and SCRA

NCUA will also emphasize review of the following regulatory changes enacted since the start of the COVID-19 pandemic:

  • EFT Act (Regulation E) –Examiners will evaluate compliance with the Remittance Transfer Rule safe harbor threshold & fee changes
  • TILA (Reg Z) –Examiners will also evaluate practices related to recent changes in TRID and Reg Z Rescission rules in response to the pandemic

 Credit Risk Management and Allowance for Loan and Lease Losses

NCUA is shifting its priority from reviewing underwriting standards  and concentrations risk (NCUA expectations discussed in 10-CU-03, Concentration Risk) to reviewing adequacy of ALLL accounts.  Because of the delay to CECL, NCUA will not be assessing transition to the CECL standard until further notice. However, credit unions must still maintain an ALLL account in accordance with FASB ASC Subtopic 450-20 (loss contingencies) and/or ASC 310-10 (loan impairment).

To evaluate the adequacy of credit unions’ ALLL accounts NCUA will review:

  • ALLL policies and procedures
  • ALLL reserving methodology & including modeling assumptions
  • Adherence to GAAP
  • Independent reviews of credit union reserving methodology and documentation practices by the Supervisory Committee or by an internal or external auditor

NCUA references additional resources, including:

 NCUA will also review credit union policies and the use of loan workout strategies, risk management practices, and new strategies implemented to assist borrowers impacted by the pandemic.

 Information Systems and Assurance (Cybersecurity)

NCUA is shifting its focus from performing ACET cybersecurity maturity assessments to evaluating critical security controls. NCUA is also piloting an Information Technology Risk Examination solution for Credit Unions (InTREx-CU) which is intended to harmonizes the IT and Cybersecurity examination procedures shared by the FDIC, FRB, and some state financial regulators to ensure consistent approaches are applied to community financial institutions. The InTREx-CU will be deployed to identify gaps in security safeguards, allowing examiners and credit unions to identify and remediate potential high-risk areas through the identification of critical information security program deficiencies as represented by an array of critical security controls and practices.

The NCUA has also published information on the increased cybersecurity threats resulting from the COVID-19 pandemic. See NCUA’s Cybersecurity Resources website and NCUA’s Frequently Asked Questions for Federally Insured Credit Unions.

 LIBOR Transition Planning

On July 1, 2020, FFIEC issued a Joint Statement on Managing the LIBOR Transition that highlighted the risks that will result from the transition away from LIBOR. NCUA will continue assessing credit unions’ exposure and planning related to a transition away from LIBOR using the NCUA’s LIBOR Assessment Workbook.

 Liquidity Risk

NCUA will continue to review liquidity risk management and planning in all credit unions, and will place emphasis on:

  • The effects of loan payment forbearance, loan delinquencies, projected credit losses and loan modifications on liquidity and cash flow forecasting
  • Scenario analysis for changes in cash flow projections for an appropriate range of relevant factors (for example, changing prepayment speeds)
  • Scenario analysis for liquidity risk modeling, including changes in share compositions and volumes
  • The potential effects of low interest rates and the decline of credit quality on the market value of assets, funding costs and borrowing capacity
  • The adequacy of contingency funding plans to address any potential liquidity shortfalls

More information is available in the NCUA’s Examiner’s Guide.

 Serving Hemp-Related Businesses

NCUA will continue to collect data thru the examination process on credit unions serving Hemp businesses. See LTCU 20-CU-19, Additional Guidance Regarding Servicing Hemp-Related Businesses and FinCEN’s June 29, 2020 guidance.

 Modernization Updates

 NCUA Connect and MERIT

In September 2019, NCUA began piloting both a new user portal (NCUA Connect) and a new examination tool, the Modern Examination and Risk Identification Tool (MERIT).

Following challenges related to the COVID-19 pandemic, the NCUA has delayed the rollout, training and launch of these applications to all examination staff until the second half of 2021. However, the agency will continue to use MERIT in 2020 and 2021 in both a pilot and limited-release capacity.

Additional information about these applications is available on the NCUA website.

Summary: Proposed Rule re: Qualified Mortgage Definition Under the Truth in Lending Act (Regulation Z): Extension of Sunset Date

12 CFR Part 1026

The Consumer Financial Protection Bureau

Prepared by the Legislative and Regulatory Affairs Department

 July 2020

The Bureau issued a proposal intended to amend Regulation Z to coordinate the sunset date of the Temporary GSE qualified mortgage (QM) loan definition with the effective date of final amendments to the General QM loan definition.  This is being done to ensure that responsible, affordable mortgage credit remains available to consumers who may be affected if the Temporary GSE QM loan definition expires before the amendments to the General QM loan definition take effect.  The proposal is designed to address the Bureau’s concern that a significant number of Temporary GSE QM loans would not qualify as General QM loan under the current regulations after the Temporary GSE QM loan definition expires.

In addition, the Bureau is issuing a separate proposal to remove the General QM loan definition’s DTI limit and replace it with a limit based on the loan’s pricing.  The Bureau expects the proposed amendments to the General QM loan definition would allow some portion of loans that currently could receive QM status under the Temporary GSE QM loan definition to receive QM status under the General QM loan definition if they are made after the Temporary GSE QM loan definition expires.

Comments must be received no later than August 10, 2020. The proposed rule can be found here.

Summary

 

The Ability to Repay/Qualified Mortgage Rule (ATR/QM) requires a creditor to make a reasonable, good faith determination of a consumer’s ability to repay a residential mortgage loan according to its terms.  Loans that meet the rule’s requirements for qualified mortgages (QMs) obtain certain protections from liability.  There are several categories of QMs including the two described below:

  • General Qualified Mortgages:
  • General QM loans must comply with the ATR/QM’s prohibitions on certain loan features, its points and fees limits and its underwriting requirements. For these loans, the ratio of the consumer’s total monthly debt to total monthly income (DTI ratio) must not exceed 43 percent.  Creditors must calculate, consider, and verify debt and income for purposes of determining the consumer’s DTI ratio using the standards contained in Appendix Q of Regulation Z.
  • Appendix Q contains standards for calculating and verifying debt and income for purposes of determining whether a mortgage satisfies the 43 percent DTI limit for General QM loans. Specifically, Appendix Q addresses how to determine a consumer’s employment-related income; non-employment related income; and liabilities including recurring and contingent liabilities and projected obligations.

 

  • Temporary Qualified Mortgages:
  • Temporary QMs are mortgages that (i) comply with the same loan-feature prohibitions and points-and-fees limits as General QMs and (ii) are eligible to be purchased or guaranteed by Fannie Mae or Freddie Mac while under the conservatorship of the FHFA. This proposal refers to these loans as “Temporary GSE QM loans,” and the provision that created this loan category is commonly known as the GSE Patch.
  • Unlike General QMs, the ATR/QM rule does not prescribe a DTI limit for Temporary GSE QMs. As such, a loan can qualify as a Temporary GSE QM loan even if the consumer’s DTI ratio exceeds 43 percent, so long as the loan is eligible to be purchased or guaranteed by either of the GSEs.  In addition, the rule does not require creditors to use Appendix Q to determine the consumer’s income, debt, or DTI ratio.  The Temporary GSE QM loan definition expires with respect to each GSE when that GSE exits conservatorship or on January 10, 2021, whichever comes first.  The GSEs are currently in conservatorship.

Under this proposal, the Bureau proposes to amend Regulation Z to coordinate dates such that the sunset date of the Temporary GSE QM loan definition will be the same as the effective date of final amendments to the General QM loan definition.  The Bureau does not intend for the Temporary GSE QM loan definition expiration date or the General QM loan definition final amendment effective date to be prior to April 1, 2021.

Comments Requested:

The Bureau seeks comment on the proposal generally, as well as comments to the specific queries below:

  • The Bureau seeks comment on whether a different sunset date for the Temporary GSE QM loan definition would better ensure the availability of responsible, affordable mortgage credit to consumers and better address the risk of disruption as the market transitions away from the Temporary GSE QM loan definition.
  • The Bureau seeks comment on its analysis, and additional information or data which could inform quantitative estimates of the number of borrowers whose documentation cannot satisfy Appendix Q, or the costs to borrowers or covered persons of complying with Appendix Q documentation requirements.
  • The Bureau seeks comment or additional information which could inform quantitative estimates of the availability, underwriting and pricing of non-QM alternatives to loans made under the Temporary GSE QM loan definition.