Ability to Repay and Qualified Mortgage Rule

Introduction

The Consumer Financial Protection Bureau adopted a rule that implements the Ability to Repay and Qualified Mortgage (“ATR/QM”) provisions of the Dodd-Frank Act. The effective date of the ATR/QM rule is with initial applications taken on or after January 10, 2014.

Overview

  • For loans subject to the ATR/QM rule, PennyMac will only purchase loans that comply with the requirements.  
    Note: Investment properties which are for business purposes (borrower does not intend to occupy for greater than 14 days in the year) are exempt from ATR/QM; however, such loans must meet agency eligibility requirements and are subject to the applicable points and fees threshold.
  • Correspondents are responsible for providing evidence of compliance with the ATR/QM rules.
  • PennyMac will accept cures on QM points and fees violations in the following instances:
  • For FHA loans, if the borrower has been delivered a refund, including interest based on the note rate, before insurance endorsement.
  • For all other loans, if the borrower has been delivered a refund, including interest based on the note rate, on or before 210 days from the date of consummation.

Evidencing Compliance with QM Points and Fees

Clear itemization of fees and application of all credits that indicate paid by/to will be required on all loans. PennyMac will accept a broad number of documents as evidence of compliance. Acceptable forms of evidence include, but are not limited to:

  • Rate Sheet
  • Screen print from LOS and/or Pricing Engine
  • Lock agreement with the borrower;
  • Lock confirmation
  • Final HUD-1 and Addendum(s)
  • Final TIL and Itemization of Amount Financed
  • Invoices
  • Private Mortgage Insurance certificate
  • Purchase contract

Bona Fide Discount Points

To verify the exclusion of bona fide discount points from the points and fees calculation, PennyMac will require:

  • Evidence of the Starting Adjusted Rate (a.k.a. Base Rate) and points, and corresponding LLPA-adjusted “rate stack” or rate sheet with non-LLPA adjusted “rate stack” and LLPA grids; and
  • Evidence of the delivery price to the consumer (i.e. rate/lock confirmation).