The Federal Reserve recently published its quarterly “Senior Loan Officer Opinion Survey on Bank Lending Practices,” based on a survey of large domestic and foreign banks.  The survey suggested that the implementation of Ability-to-Repay and Qualified Mortgage rule has resulted in lenders making fewer loans.  Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Consumer Financial Protection Bureau put into action the Ability-to-Repay and Qualified Mortgage rule earlier this year, requiring creditors to make good-faith and reasonable assessments of a consumer’s ability to repay any loan secured by a dwelling prior to extending credit.  Under the Ability-to-Repay rule, lenders must perform certain due diligence to ensure a borrower’s creditworthiness and financial ability to make payments toward a sought-after loan, including the use of reasonable third-party records to verify all information on which it relies.  After complying with the requirements under the Ability-to-Repay rule, creditors may be able to originate Qualified Mortgages.  Qualified Mortgages were designed to limit high-risk loan products, while offering lenders greater legal protection.

Specifically, the Federal Reserve reported:

Only a small fraction of large banks indicated in the survey that the new rule has affected their approval rates for prime conforming mortgages, while a more substantial share of the other [banks] reported that the rules were lowering their approval rates on such loans … .  In contrast, more than half of the respondents indicated that the ATR/QM rule has reduced approval rates on applications for prime jumbo home-purchase loans.  Among the institutions indicating lower approval rates for such loans, most reported that each of the following provisions were important reasons for the lower approval rates: the ATR provisions that require mortgage originators to evaluate income and to assess credit history, assets, and debt payments; and the QM provision that caps the borrower’s back-end debt-to-income ratio at 43 percent.  Finally, more than half of the 36 respondents that originate nontraditional mortgages also indicated lower approval rates on nontraditional home-purchase loans due to the ATR/QM rule.

Photo of Amanda L. Genovese Amanda L. Genovese

Amanda focuses her practice on matters involving the Employee Retirement Income Security Act (“ERISA”), Health Insurance Portability and Accountability Act (“HIPAA”), Fair Debt Collection Practices Act (“FDCPA”), Telephone Consumer Protection Act (“TCPA”), Real Estate Settlement Procedures Act (“RESPA”), Fair Credit Reporting Act (“FCRA”)…

Amanda focuses her practice on matters involving the Employee Retirement Income Security Act (“ERISA”), Health Insurance Portability and Accountability Act (“HIPAA”), Fair Debt Collection Practices Act (“FDCPA”), Telephone Consumer Protection Act (“TCPA”), Real Estate Settlement Procedures Act (“RESPA”), Fair Credit Reporting Act (“FCRA”), and Truth in Lending Act (“TILA”).

Photo of John C. Lynch John C. Lynch

John is a first-chair litigator with a distinguished defense record in class action matters and other high-stakes litigation. He is sought after for his trial-to-verdict experience in state and federal courts throughout the U.S., effective strategies, and practical advice.

Photo of Ethan G. Ostroff Ethan G. Ostroff

Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their

Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their business cycle.