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Didier Malagies • June 24, 2020
What is happening with the new guidelines for the self-employed Mortgage Loans
CFPB to Adopt Price-Based Approach for Qualified Mortgage Standards
Source: Inman
Written by: Marian McPherson
The Consumer Financial Protection Bureau on Monday proposed the elimination of debt-to-income limits for qualified mortgages processed through Fannie Mae and Freddie Mac, as the government-sponsored enterprises patch nears expiration in January 2021.
Instead of using DTI limits to predict a borrower’s creditworthiness, the CFPB is suggesting a price-based approach that considers annual and prime offer rates to bolster mortgage accessibility.
“The GSE Patch’s expiration will facilitate a more transparent, level playing field that ultimately benefits consumers through promoting more vigorous competition in mortgage markets,” CFPB Director Kathleen L. Kraninger said in a prepared statement. “The Bureau is proposing to replace the Patch with a price-based approach to QM loans to preserve consumer access to mortgage loans while also making sure consumers have the ability to repay them.”
“The Bureau is committed to ensuring a smooth and orderly mortgage market throughout its consideration of these issues and any resulting transition away from the GSE Patch,” Kraninger added.
To approve a qualified residential mortgage loan, lenders must use the Truth in Lending Act’s ability-to-repay requirements to calculate a borrower’s creditworthiness. Alongside the elimination of interest-only periods, negative amortization, balloon payments, and extended loan terms (30-plus years), TILA requires borrowers to have a debt-to-income ratio of less than 43 percent.
Under this rule, certain Fannie Mae and Freddie Mac guaranteed loans have been given temporary qualified mortgage status, even if the DTI surpasses 43 percent. According to the CFPB, temporary GSE QM loans “represent a large and persistent share of mortgage originations” and put nearly 1 million borrowers at risk when the patch expires in January.
“As noted above, the GSE Patch is scheduled to expire soon, and absent regulatory action the Bureau estimates that approximately 957,000 mortgage loans would be affected by the expiration of the GSE Patch,” CFBP’s announcement read. “The Bureau estimates that, after the Patch expires, many of these loans would either not be made or would be made but at a higher price.”
To maintain mortgage availability and affordability, the CFPB is proposing two amendments to Regulation Z, which requires lenders to provide written disclosures explaining interest rates, finance charges, and additional loan terms. It also requires lenders to answer borrowers’ billing questions and prohibits unfair lending practices.
The first amendment would eliminate DTI limits in favor of a price-based approval, which the CFPB said is a “more holistic and flexible” method of determining a borrower’s creditworthiness.
“The Bureau is proposing a price-based approach because it preliminarily concludes that a loan’s price, as measured by comparing a loan’s annual percentage rate to the average prime offer rate for a comparable transaction, is a strong indicator and more holistic and flexible measure of a consumer’s ability to repay than DTI alone,” the announcement read.
With this method, lenders will still be encouraged to “take into account a consumer’s income, debt, and DTI ratio or residual income and verify the consumer’s income and debts.”
The second amendment to Regulation Z addresses the GSE Patch expiration date. Instead of allowing the Patch to expire January 2021, the CFPB is asking for it to be extended until the first Regulation Z amendment is approved.
“The Bureau is proposing to take this action to ensure that responsible, affordable credit remains available to consumers who may be affected if the GSE Patch expires before the amendments take effect as defined in the first NPRM,” the amendment read.
“Under the CFPB’s proposed rule change, an easy-to-understand number would be replaced by lenders’ judgment. The risk is that, over time, borrowers and lenders would make increasingly reckless decisions under this proposed rule. After all, they have a track record of irresponsibility from about 2005 to 2008.
The National Association of Realtors supports CFPB’s proposals, with NAR President Vince Malta telling HousingWire the amendments would help homebuyers achieve their homeownership goals amid a coronavirus-induced market shift.
“America’s Realtors applaud the CFPB’s action to provide a temporary QM patch extension, and commend the bureau and Director Kraninger for acting on behalf of our nation’s consumers and homebuyers at a time when market stability is so critical,” Malta said. “Perhaps most importantly, we appreciate the Bureau’s decision to eliminate a hard DTI standard, and we look forward to more closely examining the proposed replacements and their impact on homebuyers over the coming months.”
However, some experts are concerned lenders will exploit the new more flexible requirements to approve high-rate loans for desperate homebuyers.
“Specifically, the proposal would get rid of a rule that legally protects loans with a debt-to-income ratio of 43 percent or less,” NerdWallet Home and Mortgage Expert Holden Lewis said in an emailed statement to Inman. “It would be replaced by a rule that says a lender is legally protected if the mortgage’s APR is less than two percentage points higher than the average APR that week for a prime mortgage.”
“The CFPB argues that this wouldn’t make a big change in mortgage risk or availability,” Holden added. “It would have to find a way to prevent lenders from gaming the system with high-rate loans that just barely fit within the guidelines.”
Check out our other helpful videos to learn more about credit and residential mortgages.

🏦 1. Fed Rate vs. Market Rates When the Federal Reserve cuts rates, it lowers the federal funds rate — the rate banks charge each other for overnight loans. That directly affects: Credit cards Auto loans Home equity lines of credit (HELOCs) These tend to move quickly with Fed changes. 🏠 2. Mortgage Rates Mortgage rates are not directly set by the Fed — they’re more closely tied to the 10-year Treasury yield, which moves based on investor expectations for: Future inflation Economic growth Fed policy in the future So, when the Fed signals a rate cut or actually cuts, Treasury yields often fall in anticipation, which can lead to lower mortgage rates — if investors believe inflation is under control and the economy is cooling. However: If markets think the Fed cut too early or inflation might return, yields can actually rise, keeping mortgage rates higher. So, mortgage rates don’t always fall right after a Fed cut. 📉 In short: Fed cuts → short-term rates (credit cards, HELOCs) usually fall fast. Mortgage rates → might fall if inflation expectations drop and bond yields decline — but not guaranteed. tune in and learn https://www.ddamortgage.com/blog didier malagies nmls#212566 dda mortgage nmls#324329

🟩 1. FHA Streamline Refinance Purpose: Simplify refinancing for homeowners who already have an FHA loan — lowering their rate or switching from an ARM to a fixed rate with minimal paperwork and cost. Key Features: No income verification usually required No appraisal required in most cases (uses the original home value) Limited credit check — just to confirm good payment history Must benefit financially (lower rate, lower payment, or move to a more stable loan) Basic Rules: You must already have an FHA-insured loan No late payments in the past 12 months At least 6 months must have passed since your current FHA loan was opened The refinance must result in a “net tangible benefit” — meaning it improves your financial situation Appraisal Waiver: Most FHA Streamlines don’t require an appraisal at all — it’s based on the original value when the loan was made. 👉 So, the loan amount can’t exceed your current unpaid principal balance plus upfront MIP (mortgage insurance premium). 🟦 2. VA Streamline Refinance (IRRRL) (IRRRL = Interest Rate Reduction Refinance Loan) Purpose: For veterans, service members, or eligible spouses who already have a VA loan, this program allows them to lower their rate quickly and cheaply. Key Features: No appraisal required (uses prior VA loan value) No income or employment verification Limited or no out-of-pocket costs (can roll costs into new loan) No cash-out allowed — it’s only to reduce the rate or switch from ARM to fixed Basic Rules: Must have an existing VA-backed loan Must show a net tangible benefit (like lowering monthly payment or rate) Must be current on mortgage payments Appraisal Waiver: VA Streamlines typically waive the appraisal entirely, meaning your home value isn’t rechecked. This makes the process much faster and easier. 🟨 3. The “90% Appraisal Waiver” Explained This term often shows up when: A lender chooses to order an appraisal, but wants to use an automated value system (AVM) or When the lender uses an appraisal waiver (like through FHA/VA automated systems) up to 90% of the home’s current estimated value. In practice: It means the lender or agency allows the loan amount to be up to 90% of the home’s estimated value without a full appraisal. It’s a type of limited-value check — often used when rates are being lowered and no cash-out is being taken. It helps borrowers avoid delays and costs tied to a new appraisal. Example: If your home’s estimated value (per AVM or prior appraisal) is $400,000, a 90% waiver means your loan can go up to $360,000 without needing a new appraisal. ✅ Summary Com tune in and learn https://www.ddamortgage.com/blog didier malagies nmls#212566 dda mortgage nmls#324329

Here are alternative ways to qualify for a mortgage without using tax returns: 🏦 1. Bank Statement Loans How it works: Lenders review 12–24 months of your business or personal bank statements to calculate your average monthly deposits (as income). Used for: Self-employed borrowers, business owners, gig workers, freelancers. What they look at: Deposit history and consistency Business expenses (they’ll apply an expense factor, usually 30–50%) No tax returns or W-2s required. 💳 2. Asset Depletion / Asset-Based Loans How it works: Instead of income, your assets (like savings, investments, or retirement funds) are used to demonstrate repayment ability. Used for: Retirees, high-net-worth individuals, or anyone with substantial savings but limited current income. Example: $1,000,000 in liquid assets might qualify as $4,000–$6,000/month “income” (depending on lender formula). 🧾 3. P&L (Profit and Loss) Statement Only Loans How it works: Lender uses a CPA- or tax-preparer-prepared Profit & Loss statement instead of tax returns. Used for: Self-employed borrowers who can show business income trends but don’t want to use full tax documents. Usually requires: 12–24 months in business + CPA verification. 🏘️ 4. DSCR (Debt Service Coverage Ratio) Loans How it works: Common for real estate investors — qualification is based on the property’s rental income, not your personal income. Formula: Gross Rent ÷ PITI (Principal + Interest + Taxes + Insurance) DSCR ≥ 1.0 means the property “covers itself.” No tax returns, W-2s, or employment verification needed. 💼 5. 1099 Income Loan How it works: Uses your 1099 forms (from contract work, commissions, or freelance income) as income documentation instead of full tax returns. Used for: Independent contractors, salespeople, consultants, etc. Often requires: 1–2 years of consistent 1099 income. Higher down payment and interest rate required. tune in and learn https://www.ddamortgage.com/blog didier malagies nmls#212566 dda mortgage nmls#324329


