Personal Finance

Biden administration may undo certain Trump-era mortgage rules

Kathy Kraninger, former president Donald Trump’s appointee to head the Consumer Financial Protection Bureau.

Andrew Harrer/Bloomberg via Getty Images

“Big deal”

Given its public statement on Tuesday, it’s likely the agency will act, said McCoy, who oversaw mortgage policy at the CFPB during the Obama administration.

“If they’re signaling it, they don’t say that lightly,” she said.

But some groups believe the Trump-era rules should remain in place.

They will help banks and other lenders innovate and extend more mortgages to underserved groups, like Black and Hispanic homebuyers, according to Robert Broeksmit, president and CEO of the Mortgage Bankers Association.

“We encourage the bureau to permit them to take effect as scheduled,” Broeksmit said.

Mortgage rules

We don’t want to encourage high-failure lending.

Mike Calhoun

president, Center for Responsible Lending

A borrower’s ability to repay helps set the demarcation line between prime (high-quality) and sub-prime loans.

“This is one of the foundational rules of reform coming out of the Great Recession,” said Mike Calhoun, president of the Center for Responsible Lending. “It goes right to the heart of what caused the financial crash.”

The Seasoned QM rule also grants qualified status to a loan if borrowers make timely monthly payments on their mortgage over a three-year period.

Loans that weren’t deemed “qualified” at the time of origination could eventually get that label.

Consumer groups fear this may grant legal protection to risky mortgages and makes it more economical for lenders to make loans wither higher default rates. These risky loans could then be sold into the secondary market, where they’re bundled together with other mortgages and bought by investors.

“We think it’s too loose and creates some bad incentives to do some of the unsustainable ending we saw in the crisis,” Calhoun said. “We don’t want to encourage high-failure lending.”

But many protections remain in place to prevent banks from making ultra-risky mortgages, Broeksmit said. For example, adjustable-rate mortgages and those with terms longer than 30 years can’t get qualified status. At the same time, banks may take a bit more risk and lend more to underserved communities, he said.

The Trump-era rules would also get rid of the 43% debt-to-income ratio and replace it with a different General QM standard. Loans would instead be qualified if their interest rate is below a threshold pegged to the average prime offer rate, or APOR.

This change doesn’t seem onerous, Calhoun said. Community banks have used the same standard for years and have been making loans responsibly with that test, he said.

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