Federal Mortgage Law · 24% of the SAFE examhard
Correct answer: A rebuttable presumption of compliance with ATR requirements, meaning the borrower may still challenge whether the lender adequately determined ability to repay, but must overcome the presumption
Under Dodd-Frank's ATR/QM rule, Qualified Mortgages provide different levels of legal protection depending on the loan's pricing. For HIGHER-PRICED QMs — those with APRs exceeding a specified spread above APOR (1.5 percentage points for first liens, 3.5 for subordinate liens) — the lender receives only a REBUTTABLE PRESUMPTION of ATR compliance. A rebuttable presumption means the loan is presumed to comply with ATR, but the borrower can still bring a challenge and overcome the presumption by showing the lender did not adequately consider the borrower's ability to repay. For standard (non-higher-priced) QMs priced at or below the APOR spread, lenders receive a SAFE HARBOR — a much stronger, essentially irrebuttable protection. "A rebuttable presumption of compliance with ATR requ..." is incorrect — QM status does not create immunity from all mortgage lawsuits; it provides protection specifically related to the ATR determination. "Complete immunity from all mortgage-related lawsuits..." is incorrect for this scenario — the irrebuttable safe harbor applies to non-higher-priced QMs; because this loan is a higher-priced QM, only a rebuttable presumption applies. "A three-year statute of limitations within which the..." is incorrect — while statutes of limitations apply to ATR claims (generally 3 years under TILA), this is not the specific QM protection provided by Dodd-Frank's ATR provisions and does not describe the rebuttable presumption/safe harbor framework.
CRAM ARCADE has the full NMLS question bank, timed practice exams, focus drills on your weakest category, flashcards and spaced repetition. No credit card.
Start studying free