WBA Comments on Seasoned QM Proposal

On August 28 CFPB issued a proposed rule to create a new category of qualified mortgages (Seasoned QMs). To be considered a Seasoned QM under the proposal, loans would have to be first-lien, fixed-rate covered transactions that have met certain performance requirements over a 36-month seasoning period. Covered transactions would also have to be held on the creditor’s portfolio during the seasoning period, comply with general restrictions on product features and points and fees, and meet certain underwriting requirements. The proposal would also require that the creditor consider and verify the consumer’s debt-to-income ratio or residual income at origination. 

Seasoned QMs would only be available for covered transactions that have no more than two 30-day delinquencies and no delinquencies of 60 or more days at the end of the seasoning period. Also, should there be a disaster or pandemic-related national emergency and as long as certain conditions are met, the proposal would not disqualify a loan from becoming a Seasoned QM for the failure to make full contractual payments if the consumer receives a temporary payment accommodation. 

WBA filed comments in support of CFPB’s efforts to create a new category of QM but noted that few Wisconsin banks would be able to utilize the rule as proposed. In addition, WBA provided suggestions and requests for clarification on certain aspects of the rule such as factors affecting eligibility during the seasoning period. Click here to view the letter.

By, Ally Bates