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Qualified Mortgage Rule Effective Friday; HFA Loans Exempt

January 09 2014

dpr qm fha 201312You may know new mortgage regulations are on the horizon, but what will the impact be on homebuyers, Realtors® and lenders?

Lenders have been preparing for the January 10, 2014 effective date of the Ability to Repay and Qualified Mortgage Rule. This rule is under the Truth in Lending Act and prohibits a lender from making a higher-priced mortgage loan without regard to the consumer's ability to repay the loan. The debt-to-income ratio (DTI) must be 43 percent or less and the rule includes a 3% cap on fees and points. It also establishes certain protections from liability for loans that meet the requirements of a "qualified mortgage."

As our team has attended events and discussed with housing experts, we've seen a few key themes emerge:

  • The majority of today's mortgage market is processed through the GSE online approval engines. If the loan makes it through Fannie, Freddie, USDA or VA, then it will be considered a QM loan, regardless of DTI. However, the agencies are already very close to the 43 percent DTI limit.

  • On December 11, HUD released a final rule that sets the standards that FHA-insured loans will have to meet to be considered QM. Loans that do not meet these standards (FHA underwriting standards and 3% cap on all upfront points and fees) will no longer be eligible for FHA-insurance as of January 10, 2014.

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