The mortgage industry went through a total overhaul after the 2008 Mortgage and Credit Meltdown and new rules and mortgage regulations were implemented. The SAFE ACT was created and launched and new federal agencies were created like the Consumer Protection Financial Bureau, also known by many as the CFPB. The Nationwide Mortgage Licensing System, NMLS, was created and launched to centralize all mortgage companies and loan officers. Never in the history of the United States has a particular industry have gone through the major changes as did the mortgage industry. Entire mortgage sectors went obsolete such as sub prime mortgage market. Sub Prime mortgage lenders like mortgage giants Washington Mutual and Countrywide Loans went out of business overnight and hundreds of thousands of account executives were left jobless. The Dodd-Frank Mortgage Act was drafted and signed into law in 2010. Mortgage rules and regulations was created for mortgage loan originators whose scope of work involved origination of mortgages meet minimum lending requirements mandated by the federal government including the QM, which stands for Qualified Mortgage. QM’s definition and purpose is the Ability To Repay. QM went into effect on January 10, 2014 by the Consumer Protection Financial Bureau.
What Are QM Loans?
The Ability To Repay, or Qualified Mortgage, creates a layer of protection for lenders from liability from mortgage loans and borrowers when originating QM Loans. There are certain bullet points that trigger a Qualified Mortgage and mortgage lenders who want to resell their loans on the secondary market to Fannie/Freddie and want their loans insured by FHA, VA, USDA need to meet QM Standards.
The Definition Of QM, Qualified Mortgage:
- Qualified Mortgage, or QM Mortgage, is when a mortgage lender has qualified a mortgage loan borrower’s ability to repay their mortgage loan
- Qualified Mortgage requires that the lender has qualified the borrowers income, liabilities, and monthly debt payments where the borrower do not take on more debt than to exceed 43% debt to income ratio of their pre-tax monthly income.
- Qualified Mortgage also requires that borrowers not be charged more than 3% in total fees and points.
- Qualified Mortgage mandates that a lender do not issue riskier and/or overpriced mortgage loans such as loan programs that have features such as pre-payment penalties, balloon payments, extended interest only loans such as 40 plus year interest only loans and negative amortization loans such as those common prior to the mortgage meltdown.
- The Safe Harbor Act under Qualified Mortgage, offers protection against mortgage lenders against borrowers from lawsuits. Lenders are protected against borrowers who claim that they were extended home loans by lenders when they did not have the ability to repay their mortgage payments. Qualified Mortgage rules was created and launched to protect both lenders and consumers against risky lending that created the mortgage and credit meltdown of 2008.
- Mortgage Lenders who abide by QM Rules can package their loans and resell them in the secondary open market to Fannie and Freddie where they can free up their warehouse lines of credit and originate and fund more mortgage loans.
- The purpose of Qualified Mortgage is to minimize the origination and funding of loans that are considered risky and avoid the chances of these loans going bad and into foreclosure and avoid another mortgage meltdown like the one we had with the 2008 mortgage and real estate meltdown.
I will cover QM Loans on a separate blog at a later date and I will focus on What Are Non QM Loans on this blog.
What Are Non QM Loans
What Are Non QM Loans?
- What Are Non QM Loans: Non Qualified Mortgages are mortgage loans that do not fall into the Qualified Mortgage Category
- Non Qualified Mortgages are not riskier loans but are loans that is often called out of the box and do not fit the Qualified Mortgage lending guidelines and the complexity of the Qualified Mortgage guidelines.
- Mortgage rates and fees is slightly higher for Non QM mortgage lenders than QM Lenders due to the limited liquidity the lender has to sell their loans on the secondary market and due to the lack of protection that QM Loans offer.
- Non QM Loans cannot be sold to Fannie Mae and Freddie Mac and are normally sold to other secondary markets to private investors or held by the lender under their own portfolio.
Non QM Loan Borrowers
Qualified Mortgage requires mandatory waiting period after bankruptcy and foreclosure in order for a home buyer to qualify for a mortgage. Borrowers who do not meet the minimum mandatory waiting period after bankruptcy, deed in lieu of foreclosure, foreclosure, and short sale who cannot qualify with a QM Loan can now qualify with Non QM Loans. There is no waiting period after a foreclosure or short sale to qualify for Non QM Loans with The Gustan Cho Team at Gustan Cho Associates. With real estate values sky rocketing in many parts of the country, home buyers can become home owners with Non QM Loans and can refinance later after they can qualify for QM Loans.
Here are some bullet points on QM Rules with FHA Loan and Conventional Loans where borrowers who do not meet these guidelines, they now can qualify for Non QM Loans:
- FHA requires 2 year waiting period after Chapter 7 Bankruptcy discharge. Fannie Mae and Freddie Mac require a 4 year waiting period after a Chapter 7 Bankruptcy discharged date
- FHA requires a 3 year waiting period after the recorded date of a deed in lieu of foreclosure and foreclosure and a four year waiting period after the date of the finalized short sale date to qualify for a FHA Loan. Fannie Mae and Freddie Mac requires a four year mandatory waiting period from the recorded date of a deed in lieu of foreclosure and/or date of a short sale to qualify for a Conventional Loan
- Fannie Mae and Freddie Mac will require a seven year waiting period from the recorded date of a foreclosure in order for a borrower to qualify for a Conventional Loan.
There are many home buyers who have recovered after their bankruptcies and foreclosures, however, cannot qualify for a mortgage due to not meeting their waiting period. With Non QM Loans, these folks can now qualify for a mortgage with Non QM Loans. Home buyers who do not meet the above guidelines after a bankruptcy and foreclosure can now qualify for Non QM Loans. Again, real estate values are increasing in many areas of the country where home buyers now do not have to miss an opportunity to purchase a home due to not meeting their mandatory waiting period after a bankruptcy and foreclosure.
Non QM Loans For Investment Properties
Non QM Loans are not just for residential owner occupied properties. Borrowers of investment properties who do not qualify with QM Loans can qualify for Non QM Loans. For example, The Gustan Cho Team at Gustan Cho Associates offers bank statement loans, asset based loans, and no income/no tax returns loans via Non QM Loan Programs.
Lenders Offering QM Loans
There is a huge market for Non Qualified Mortgage Loan Programs and only a few mortgage lenders offer NON QM Loans nationwide. Gustan Cho Associates and The Gustan Cho Team is one of few mortgage consultants that offer Non QM Mortgages nationwide on a correspondent lending platform.
For more information on Non QM Loans, please contact Gustan Cho at 262-716-8151 via calling or texting for faster response. You can also email your inquiry to firstname.lastname@example.org.