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Financial Reform Legislation

The lender "must make a reasonable and good faith determination based on verified and documented income that the consumer has a reasonable ability to repay the loan".

  1. There is a "presumption" of compliance (not a safe harbor) for loans that meet the qualified residential mortgage definition and have a 3% cap on fees. All upfront government insurance fees are excluded.
  2. There will be a higher threshold for lower balance loans.
  3. One of the likely outcomes of the enactment of the "ability to repay" standard is the increase in premium pricing to avoid the 3% cap on fees.