A Qualified Mortgage (QM) is generally a mortgage that cannot include certain product features and that must be underwritten in accordance with specific underwriting Ability to Repay (ATR) guideline standards. The QM requirements are designed to minimize the risk of non-payment by the consumer. Properly originating a QM loan satisfies the ATR standard and provides liability protection to the creditor. The specific requirements differ depending on the type of QM the creditor originates.
Typical QM Requirements
- The loan must provide for regular, periodic payments that are substantially equal. (except for the effect that an interest rate change may be for an Adjustable Rate Mortgage.)
- The loan must exclude negative amortization, interest-only payments and balloon payment features.
- The loan term must not exceed 30 years.
- The points and fees for loan amounts equal or greater than $100,000 must not exceed 3% of the total loan size. Great caps for lower loan sizes rules must also be followed.
General QM Underwriting
The QM loan must be underwritten taking into account the monthly payment for the mortgage-related obligation, based upon a fully-amortizing schedule using the maximum rate permitted during the first 5 years after the date of the first periodic payment.
- At a minimum, underwriters must consider and verify consumer’s income, assets, current debt obligations, alimony and child support obligations.
- Underwriters must determine that the consumer’s total monthly debt-to-income (DTI) ratio does not exceed 43%.
Temporary QM
There is a Temporary QM Option that lenders are permitted to follow. When the loan program chosen is eligible for purchase or guarantee by (GSE’s) Fannie Mae (FNMA) or Freddie Mac (FHLMC) or is eligible for insurance by the HUD, or is eligible to be guaranteed by VA or USDA, then the underwriter must follow the Desktop Underwriter (DU) automated loan program to determine the debt-to-income ratio. This temporary QM Option expires on the earliest of:
- the date that the GSE’s exit federal conservator ship or receivership or
- January 1, 2021.