Legal Blog

Compensation and Compliance Matters: The Dangers of a Qualified Mortgage Loan Losing Status

Many lenders think repurchase or non-saleable, when they think of the possibility of a mistake on a qualified mortgage rule loan that actually causes the loan to fall into non-QM status. While this is certainly a significant problem, the issues with the sale or possible repurchase of the loan only represent the beginning of a lender’s troubles. The lender, who has just essentially admitted to having botched the origination and/or underwriting of the loan by identifying it as something it is not, is extremely vulnerable to a lawsuit under the ability to repay rules. Remember, the ability-to-repay rules require a lender to have a good faith belief the borrower can repay the loan. Click here to read the rest of the article If you have any questions about qualified mortgage rule loans please contact Ari Karen at: Bank Manager Reimbursementsakaren@offitkurman.com | 240.507.1740 | Ari Karen is an experienced litigator and speaker who has focused his practice in representing financial institutions in both government investigations and litigation before state and federal trial and appellate courts nationwide.   Mr. Karen’s practice is diverse, representing clients on matters concerning banking regulations, Dodd Frank financial reform laws, contractual disputes, employment and labor statutes, wage-hour class actions, employment discrimination and fair lending matters, whistleblower complaints and non-competition claims, among others. You can also connect with Offit Kurman via FacebookTwitterGoogle+YouTube, and LinkedIn.