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For example, for purposes of 1026.43(e 4), a creditor is not required to sell a loan to Fannie Mae van lang naar kort haar vrouw or Freddie Mac (or any limited-life regulatory entity succeeding the charter of either) for that loan to be a qualified mortgage; however, the loan must.
Because the loan still meets Fannie Maes eligibility requirements, it remains a qualified mortgage based on these facts and circumstances.Qualified mortgage status under 1026.43(e 4) depends on whether a loan is eligible to be purchased, guaranteed, or insured at the time of consummation, provided that other requirements under 1026.43(e 4) are satisfied.However, after delivery and MBS issuance, a quality control review determines that the loan violates the pooling criteria.Assume that the quality control review is accurate, and that DU would not have issued an approve/eligible recommendation if it had been provided the accurate income figure.Department of Housing and Urban Development (HUD.S.
Assume that a creditor delivered a loan, which the creditor determined was a qualified mortgage at the time of consummation under 1026.43(e 4), to Fannie Mae for inclusion in a particular To-Be-Announced Mortgage Backed Security (MBS) pool of loans.
Fannie Mae, however, requires the creditor to repurchase the loan due to the violation of MBS pooling requirements.
Matters wholly unrelated to ability to repay are those matters that are wholly unrelated to credit risk or the underwriting of the loan.In using any of the four methods listed above, the creditor need not satisfy standards that are wholly unrelated to assessing a consumer's ability to repay that the creditor is required to perform.Accordingly, a covered transaction is eligible for purchase or guarantee by Fannie Mae or Freddie Mac, for example, if: The loan conforms to the relevant standards set forth in the Fannie Mae Single-Family Selling Guide or the Freddie Mac Single-Family Seller/Servicer Guide in effect.Rather, 1026.43(e 4 ii) requires only that the creditor determine that the loan is eligible (i.e., meets the criteria) for such purchase, guarantee, or insurance at consummation.The DU determination at the time of consummation was invalid because it was based on inaccurate information provided by the creditor; therefore, the loan was never a qualified mortgage under 1026.43(e 4).Further, even where a repurchase or indemnification demand relates to whether the loan satisfied relevant eligibility requirements as of the time of consummation, the mere fact that a demand has been made, or even resolved, between a creditor and GSE or agency is not dispositive.To satisfy 1026.43(e 4 ii), a loan need not be actually purchased or guaranteed by Fannie Mae or Freddie Mac or insured or guaranteed by one of theAgencies (the.S.A risk class of Accept and purchase eligibility of Freddie Mac Eligible from Loan Prospector (LP).The creditor inputs accurate information into the Fannie Mae or Freddie Mac AUS or another AUS pursuant to a written agreement between the creditor and Fannie Mae or Freddie Mac that permits variation from the GSE AUS; the loan receives one of the recommendations specified.
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