(Feb. 26, 2021) Revoking or revising the “seasoned” qualified mortgage (QM) final rule issued in December is under consideration by CFPB, according to a statement issued this week by the bureau.
The agency, in that statement (circulated along with a notice of small-entity compliance guide updates), also said it was looking at whether to delay the July 1 mandatory compliance date for the December final rule on the general QM loan definition. Both rules, which created a “seasoned” QM loan definition and revised the existing QM loan definition – now called the general QM definition – are set to take effect March 1, with mandatory compliance generally set for July 1. But that July date may be tentative, according to the statement.
The new seasoned QM and general QM definitions in those rules also replaced the debt-to-income (DTI) ratio ceiling as a QM factor, instead using performance requirements and a pricing component, respectively.
In its statement, the bureau said that if it decides to revisit the seasoned QM rule, it expects to consider in that rulemaking whether any potential final rule revoking or amending seasoned QM should affect covered transactions for which an application was received during the period from March 1, 2021 until the effective date of such a final rule.
In the meantime, the agency said, it expects to issue a proposal that would delay the July 1 mandatory compliance date of the general QM rule. According to the bureau, if a delay is finalized, creditors would be able to use either the current general QM loan definition or the revised general QM loan definition for applications received during the period from March 1, 2021, until the delayed mandatory compliance date.
“Furthermore, the Bureau anticipates that the Temporary GSE QM loan definition will remain in effect until the new mandatory compliance date, in accordance with the October 20, 2020 final rule described above, except that the Temporary GSE QM loan definition would expire with respect to a GSE if that GSE ceases to operate under conservatorship prior to the new mandatory compliance date.”
Other rulemakings to reconsider other aspects of the general QM final rule are possible too, the agency signalled.
(Feb. 12, 2021) The new “seasoned qualified mortgage” (QM) from CFPB is the focus of the latest summary published by NASCUS and now available on the association’s website (to members only).
The rule was finalized by the agency in December. It takes effect March 21, but its mandatory compliance date is not until July 1.
The “seasoned QM” rule, the CFPB said then, 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 it is a first-lien, fixed-rate loan with 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 debt-to-income (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 in portfolio until the end of the seasoning period.
LINK:
Summary: CFPB Seasoned Qualified Mortgage Loan Final Rule
(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.
LINK:
NASCUS Summary: CFPB Seasoned Qualified Mortgage Loan Final Rule
(Jan. 29, 2021) NASCUS summaries of recent NCUA letters to credit unions – and a summary of a regulatory alert issued by the agency – are among the latest to be published by NASCUS. All three are available to members only.
The two letters summarized are on the agency’s outline of the issues affecting credit unions contained in the Consolidated Appropriations Act, 2021 adopted by Congress Dec. 27 (letter 21-CU-01, issued by the agency the week of Jan. 4), and about NCUA’s Supervisory priorities for 2021 (letter 21-CU-02, issued by the agency last week).
The first letter notes that that most of the provisions of the consolidated appropriations bill extend portions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law last March as the impact of the coronavirus crisis became apparent. Those provisions are extended to Dec. 31, 2021, the letter notes. It also touches on provisions affecting the agency’s Central Liquidity Facility (CLF), troubled debt restructurings (TDRs), compliance with the Current Expected Credit Loss (CECL) accounting standard and more.
The second letter outlines the broad scope of the agency’s regulatory priorities for 2021, primarily focusing on challenges to credit unions posed by the ongoing coronavirus pandemic and steps to enhance the agency’s offsite monitoring of credit unions’ conditions. Additionally, the letter states that examiners will not be assessing credit unions’ efforts to transition to the CECL standard “until further notice.”
The summary of the regulatory alert (21-RA-01), released by NCUA earlier this month, outlines the agency’s view of CFPB’s action late last year to issue two final rules amending the Ability-to-Repay/Qualified Mortgage Rule (ATR/QM Rule) in Regulation Z. The final rules would replace the 43% debt-to-income (DTI) ratio limit with price-based thresholds (under the bureau’s general QM final rule), and create a new category of qualified mortgage (known as the seasoned QM final rule).
LINKS:
NASCUS Summary: LTCU 21-CU-01, Summary of the Consolidated Appropriations Act 2021 (members only)
NASCUS Summary: LTCU 21-CU-02, NCUA’s Supervisory Priorities (members only)
NASCUS Summary: Regulatory Alert 21-RA-01: CFPB Amends Ability-to-Repay/QM Rule under TILA (members only)