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#2246599 - 12/16/20 03:36 PM Non Liquid Assets
LHubbard Offline
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Joined: Aug 2014
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It's been a while since I've been in the compliance world but have had a question.

Borrower doesn't show quite enough income to qualify but has over $90K in vehicles that he plans on selling to make his loan payments. Can those be included in the calculation of the ability to repay the debt.
Total debt will only be about $115K.

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Ability to Repay/Qualified Mortgage Rule
#2246601 - 12/16/20 03:38 PM Re: Non Liquid Assets LHubbard
rlcarey Online
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Galveston, TX
Depends if your internal policies address it and whether you are underwriting to ATR standards or QM standards. I assume this is a portfolio loan.
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#2246602 - 12/16/20 03:40 PM Re: Non Liquid Assets LHubbard
Dan Persfull Offline
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Bloomington, IN
We would not include the "intent" to sell as a means of repayment.

If after the loan is made he changes his mind about selling the vehicles then how do you "intend" to get repaid?
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#2246625 - 12/16/20 07:04 PM Re: Non Liquid Assets LHubbard
RVFlyboy Offline
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Soaring over Georgia
Keep in mind also that, if your bank and the loan meet the criteria (which include asset size and loan parameters, including holding in portfolio) of Section 101 of the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 (Public Law No: 115-174), you only have to consider income, debt, and financial resources of the borrower and the only stipulation about that consideration is that it doesn't have to be done in accordance with Appendix Q or any successor regulation and that multiple means of documentation are allowed. Under this, the loan will be deemed to be a Safe Harbor QM loan which means ATR cannot be raised as a defense to any collection action on that loan.
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#2246738 - 12/18/20 06:53 PM Re: Non Liquid Assets LHubbard
Andy_Z Offline
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I recognize the ATR and QM rules can come into play and bank policy is an influence as well. But at the end of the day, the statement "Borrower doesn't show quite enough income to qualify..." worries me. If he doesn't cash flow, which wasn't specifically stated, it's dead in the water to me on a loan desk.
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