
For lower loan amounts, the threshold percentage increases incrementally up to 6.5 percentage points. That threshold is 2.25 percentage points for loan amounts equal to or greater than $110,260 (adjusted annually for inflation). (4) Replacing the former 43% DTI cap, the eligible loan must now adhere to a new Price-Based Limit whereby the Annual Percentage Rate (APR) does not exceed the Average Prime Offer Rate (APOR) for a comparable transaction by a certain percentage points threshold. 43(3)(i) (for loans over $100,000 adjusted for inflation, the limit is 3 percent of total loan amount).

(3) “Total Points and Fees” do not exceed the QM limits set forth in. (iii) the loan does not have a balloon payment unless it meets the balloon payment QM requirements of. (ii) the loan does not allow for deferment of principal loan amount repayment (with limited exception for temporary payment accommodation in connection with a disaster or pandemic-related national emergency), and (1) The loan must be fixed rate, fully amortizing and provides for regular periodic and substantially equal monthly payments or, in the case of adjustable-rate or step-rate mortgages: Under the new definition, a General QM Loan meets all of the following criteria. It replaces the 43 percent Debt-To-Income (DTI) ratio limit with a price-based limit, and removes the Appendix Q national underwriting standards as well as any requirement to use Appendix Q for General QM loans. The General QM Final Rule redefines what a covered Qualified Mortgage transaction is. New Eligibility Requirements for General QM Loan Category Starting on the effective date and until July 1, 2021, compliance with the General QM Final Rule is optional. The CFPB is applying the mandatory compliance date to the date on which a creditor receives a consumer’s QM loan application. Both rules take effect sixty days from the date they are published in the Federal Register and have a mandatory compliance date of July 1, 2021. The CFPB issued final rules amending the General Qualified Mortgage loan definition in Regulation Z and, by separate rule, creating a new “Seasoned QM” loan category in Regulation Z. Residential mortgage loans that meet the criteria for QM status obtain certain protections from liability under Truth in Lending Act/Regulation Z labelled as “safe harbor” and “rebuttable presumption.”

The Ability-to-Repay/Qualified Mortgage Rule administered by CFPB (“ATR/QM Rule”) 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.

Changes are coming in 2021 to the eligibility requirements for “Qualified Mortgage” or “QM” loans.
