Qualified Mortgage Safe Harbor

In the event that a loan meets the "qualified mortgage" definition, they will receive a safe harbor under the Ability-to-Repay rules. That means is that if a loan is a "qualified mortgage", then there is a rebuttable presumption that the borrower had the ability to repay and the safe harbor rules protect the lender from regulatory.

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Additionally, the annual percentage rate ceiling for a first lien loan to be a non-higher priced mortgage loan that is eligible for the qualified mortgage safe harbor under the ATR rule is higher for small creditors than other creditors (i.e., less than 3.5 percentage points above a benchmark rate as opposed to less than 1.5 percentage points.

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In theory, a safe harbor should protect you from liability and have minimal litigation costs. In reality, however, plaintiffs’ attorneys can still claim that loans are not qualified mortgages and should not be afforded a safe harbor. The credit union will then have to prove that it is a qualified mortgage.

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The regulations provide a “safe harbor” for compliance with the ability-to-repay rules to creditors or assignees of loans that satisfy the definition of a qualified mortgage and are not higher-priced.

The Tax Sanctuaries - LetUnder a safe harbor, if a court finds that a mortgage you originated was a QM, then that finding conclusively establishes that you complied with the ATR requirements when you originated the mortgage. For example, a consumer could claim that in originating the mortgage you did not make a reasonable and good-faith determination of repayment.

QUALIFIED MORTGAGES SAFE HARBOR vs. REBUTTABLE PRESUMPTION of COMPLIANCE WITH ABILITY-TO-REPAY RULE General QM Rule Temporary QM Rule for Conventional, VA, USDA, and Rural Housing Loans —

Six months ago, the Consumer Financial Protection Bureau (CFPB) began its implementation of the Ability to Repay/Qualified Mortgage (QM. with most lenders availing themselves of the safe harbor.

This is often called the safe-harbor protection. Also, lenders are able to resell a Qualified Mortgage on the secondary market. As you may recall, Additionally, the annual percentage rate ceiling for a first lien loan to be a non-higher priced mortgage loan that is eligible for the qualified mortgage safe harbor under the ATR rule is higher for small creditors than other creditors (i.e., less.