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entitled 'Mortgage Reform: Potential Impacts of Provisions in the Dodd-
Frank Act on Homebuyers and the Mortgage Market' which was released on 
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United States Government Accountability Office: 
GAO: 

Report to Congressional Committees: 

July 2011: 

Mortgage Reform: 

Potential Impacts of Provisions in the Dodd-Frank Act on Homebuyers 
and the Mortgage Market: 

GAO-11-656: 

GAO Highlights: 

Highlights of GAO-11-656, a report to congressional committees. 

Why GAO Did This Study: 

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-
Frank Act) is intended, among other things, to reform residential 
mortgage lending and securitization practices that contributed to the 
recent financial crisis. The act provides some liability protection 
for lenders originating mortgages that meet nine specified criteria, 
as applicable, associated with a borrower’s ability to repay 
(“qualified mortgages”). The act also requires securitizers of 
mortgages not meeting separate criteria associated with lower default 
risk to retain at least 5 percent of the credit risk, though federal 
rulemaking agencies may vary this amount. The act directed GAO to 
assess the effect of mortgage-related provisions on the availability 
and affordability of mortgage credit and to issue a report by July 
2011, but federal agencies are still developing implementing 
regulations. This report discusses the potential impact of the act’s 
(1) qualified mortgage criteria, (2) credit risk retention 
requirement, and (3) provisions concerning homeownership counseling 
and regulation of high-cost loans. 

To do this work, GAO analyzed a proprietary database of residential 
mortgages, reviewed relevant housing and mortgage market research, and 
interviewed key mortgage industry stakeholders. 

GAO provided a draft of this report to eight agencies. In a letter, 
the National Credit Union Administration said, as noted in the report, 
that the act’s impact would depend on regulatory decisions that had 
yet to be made. Six other agencies provided technical comments that 
have been incorporated as appropriate. 

What GAO Found: 

GAO examined five of the nine qualified mortgage criteria specified in 
the Dodd-Frank Act for which sufficient data were available and 
generally found that, for each year from 2001 through 2010, most 
mortgages would likely have met the individual criteria. The five 
criteria address payment of loan principal, length of the mortgage 
term, scheduled lump-sum payments, documentation of borrower 
resources, and borrower debt burden. The extent to which mortgages met 
the individual criteria varied by year of origination, reflecting 
changes in the mortgage market over the 10-year period. However, the 
impact of the full set of qualified mortgage criteria is uncertain, 
partly because data limitations make analysis of the other four 
criteria difficult and partly because federal agencies could establish 
different criteria as they develop final regulations. Consumer and 
industry groups indicated that the criteria specified in the act would 
likely encourage sound underwriting but could also restrict the 
availability of and raise the cost of mortgage credit for some 
homebuyers. Provisions in the act and proposed regulations attempt to 
address some of these issues, in part by providing exemptions for 
certain loan products in certain locales, such as rural areas. The 
public comment period for these proposed regulations ends on July 22, 
2011. 

Mortgage industry stakeholders GAO spoke with indicated that the 
implications of a risk retention requirement would depend on a variety 
of regulatory decisions and potential changes in the mortgage market. 
Rulemaking agencies are accepting public comments on proposed risk 
retention regulations through August 1, 2011. Key decisions that have 
yet to be made concern the characteristics of mortgages that would be 
exempt from risk retention, the forms of risk retention that would be 
allowed, the percentage that securitizers would be required to hold, 
and risk-sharing arrangements between lenders and securitizers. These 
factors could affect the availability and cost of mortgage credit and 
the viability of a private mortgage securitization market. 
Additionally, risk retention could complement other securitization and 
mortgage reforms, such as those that promote greater transparency and 
enforcement of loan underwriting standards. 

Other provisions in the Dodd-Frank Act concerning homeownership 
counseling and regulation of high-cost loans could enhance consumer 
protections and improve mortgage outcomes for some borrowers, but 
their specific impacts are difficult to assess at this time. The act 
authorized a new Office of Housing Counseling within the Department of 
Housing and Urban Development, but the office is still in the planning 
stage. Findings from the limited research on housing counseling for 
mortgage borrowers are mixed, with some studies suggesting that some 
types of counseling can improve mortgage outcomes and others finding 
no effect. The act also expands the definition of “high-cost loans,” 
which have disclosures and restrictions designed to protect consumers. 
Although lenders have generally avoided making these loans, additional 
information on mortgage costs would be needed to assess the extent to 
which the new definition would affect mortgages that may be made in 
the future. 

View [hyperlink, http://www.gao.gov/products/GAO-11-656] or key 
components. For more information, contact William B. Shear at (202) 
512-8678 or shearw@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Although Most Recent Mortgages Would Likely Have Met Certain Qualified 
Mortgage Criteria, the Criteria Could Limit Mortgage Options for Some 
Borrowers: 

Regulatory Decisions and Other Factors Will Influence the Effect of a 
Risk Retention Requirement on the Mortgage Market: 

While Housing Counseling and High-Cost Lending Provisions May Enhance 
Borrower Protections, Specific Impacts Are Unknown: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Proportions of Mortgages Meeting Selected Qualified 
Mortgage Criteria in Geographic Groupings Based on Demographic and 
Housing Market Characteristics: 

Appendix III: Comments from the National Credit Union Association: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Bibliography: 

Tables: 

Table 1: Nine QM Criteria Specified in the Dodd-Frank Act: 

Table 2: Percentage of Mortgages Meeting Qualified Mortgage Repayment 
of Principal Requirement, by Demographic and Housing Market Grouping, 
2001-2010: 

Table 3: Percentage of Mortgages Meeting Qualified Mortgage Criterion 
for Loan Terms of 30 Years or Less by Demographic and Housing Market 
Grouping, 2001-2010: 

Table 4: Percentage of Mortgages Meeting Qualified Mortgage Criterion 
Restricting Balloon Payments by Demographic and Housing Market 
Grouping, 2001-2010: 

Table 5: Percentage of Prime, Near-Prime, and Government-Insured 
Mortgages Meeting a Hypothetical Qualified Mortgage Criterion for DTI 
Ratio of 41 Percent or Less by Demographic and Housing Market 
Grouping, 2003-2010: 

Figures: 

Figure 1: Basic Steps in the Securitization of Residential Mortgages: 

Figure 2: Proportions of Mortgages Meeting Qualified Mortgage 
Repayment of Principal Requirement, 2001-2010: 

Figure 3: Proportions of Mortgages Meeting Qualified Mortgage 
Requirement for Loan Terms of 30 Years or Less, 2001-2010: 

Figure 4: Proportions of Mortgages Meeting Qualified Mortgage 
Restriction on Balloon Payments, 2001-2010: 

Figure 5: Proportions of Prime, Near-Prime, and Government-insured 
Mortgages Meeting Illustrative Qualified Mortgage Criterion for a Debt 
Service-to-Income Ratio of 41 Percent or Less, 2003-2010: 

Figure 6: Proportions of Prime, Near-Prime, and Subprime Mortgages 
Originated in 2006 and 2010 That Would Have Met Different Requirements 
for LTV Ratio: 

Figure 7: Proportions of Prime and Near-Prime Mortgages Originated in 
2006 and 2010 That Would Have Met Different Requirements for DTI Ratio: 

Figure 8: Illustrative Example of the Implications of Horizontal and 
Vertical Risk Retention on Risk-Based Capital Charges: 

Abbreviations: 

APR: annual percentage rate: 

ARM: adjustable-rate mortgage: 

CFPB: Bureau of Consumer Financial Protection or Consumer Financial 
Protection Bureau: 

Dodd-Frank Act: Dodd-Frank Wall Street Reform and Consumer Protection 
Act: 

DTI: debt service-to-income: 

FAS: financial accounting statement: 

FDIC: Federal Deposit Insurance Corporation: 

Federal Reserve Board: Board of Governors of the Federal Reserve 
System: 

FHA: Federal Housing Administration: 

FHFA: Federal Housing Finance Agency: 

HMDA: Home Mortgage Disclosure Act: 

HOEPA: Home Ownership Equity Protection Act of 1994: 

HUD: Department of Housing and Urban Development: 

LTV: loan-to-value: 

NCUA: National Credit Union Administration: 

NFMC: National Foreclosure Mitigation Counseling: 

OCC: Office of the Comptroller of the Currency: 

OTS: Office of Thrift Supervision: 

QM: qualified mortgage: 

QRM: qualified residential mortgage: 

REIT: real estate investment trust: 

RMBS: residential mortgage-backed securities: 

SEC: Securities and Exchange Commission: 

SPE: special purpose entity: 

TILA: Truth in Lending Act: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

July 19, 2011: 

The Honorable Tim Johnson:
Chairman:
The Honorable Richard C. Shelby:
Ranking Member:
Committee on Banking, Housing, and Urban Affairs:
United States Senate: 

The Honorable Spencer Bachus:
Chairman:
The Honorable Barney Frank:
Ranking Member:
Committee on Financial Services:
House of Representatives: 

The number of homes in foreclosure and of homeowners in financial 
distress remains at historically high levels. In the first quarter of 
2011, more than 3.5 million home mortgages were 90 or more days 
delinquent or in the foreclosure process, and estimates indicate that 
more than one in five mortgage borrowers owe more on their mortgages 
than their homes are worth. The continuing foreclosure crisis was 
fueled in part by the proliferation of mortgage products in the early 
to mid-2000s that have come to be associated with poorer loan 
performance. These products include mortgages with interest rates that 
increased sharply after a few years, did not require a down payment or 
full documentation of income, or allowed borrowers to defer principal 
and interest payments, increasing their indebtedness over time. Some 
mortgage brokers and originators had financial incentives to steer 
borrowers who qualified for potentially more sustainable options into 
such mortgages. After home prices began to stagnate or fall in 2005, 
defaults and foreclosures increased rapidly. Complicating matters 
during this period were securitization practices, which included 
bundling higher-risk mortgages into residential mortgage-backed 
securities (RMBS) that, in turn, were sometimes repackaged into more 
complex investment products.[Footnote 1] As demand for RMBS grew, 
lenders and securitizers were increasingly compensated based on loan 
volume rather than loan quality, contributing to a decline in 
underwriting standards. 

To help prevent a recurrence of such problems in the mortgage market, 
Congress passed the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Dodd-Frank Act) on July 21, 2010.[Footnote 2] A key 
challenge in implementing the Dodd-Frank Act's provisions is balancing 
the goal of protecting borrowers from unsustainable mortgage products 
with the goal of maintaining broad access to mortgage credit. Among 
other things, the Dodd-Frank Act establishes minimum standards for 
mortgages, requiring that consumers have a "reasonable ability to 
repay" at the time a mortgage is made when the loan terms, applicable 
taxes, homeowner's insurance, and assessments are taken into account. 
This consumer protection provision creates due diligence standards for 
mortgage lenders. According to the Dodd-Frank Act, a lender is 
presumed to have satisfied the ability-to-repay requirement and 
receives some protection from liability when it originates a 
"qualified mortgage" (QM).[Footnote 3] The Dodd-Frank Act specifies 
nine criteria that a loan must meet to be a QM: 

(1) regular periodic payments do not result in an increase in the 
principal balance or result in a deferral of the repayment of 
principal; 

(2) the loan term does not exceed 30 years; 

(3) except for balloon loans under specified circumstances, the 
mortgage does not include balloon payments;[Footnote 4] 

(4) borrower income and financial resources are verified and 
documented; 

(5) the loan complies with guidelines or regulations established by 
the Board of Governors of the Federal Reserve System (Federal Reserve 
Board) relating to ratios of total monthly debt to monthly income or 
alternative measures of ability to pay regular expenses after paying 
total monthly debt; 

(6) a fixed-rate loan is underwritten based on a fully amortizing 
payment schedule that takes into account applicable taxes, insurance, 
and assessments; 

(7) an adjustable-rate mortgage (ARM) is underwritten based on the 
maximum rate permitted during the first 5 years and on a fully 
amortizing payment schedule that takes into account applicable taxes, 
insurance, and assessments; 

(8) total points and fees payable in connection with loan do not 
exceed 3 percent of the total loan amount;[Footnote 5] and: 

(9) a reverse mortgage that meets QM standards as set by the Federal 
Reserve Board.[Footnote 6] 

The Dodd-Frank Act gave federal rulemaking agencies the flexibility to 
change these criteria. 

The Dodd-Frank Act also requires mortgage securitizers to retain a 
financial exposure of no less than 5 percent of the credit risk of any 
securitized residential mortgage that does not meet a separate set of 
criteria (to be defined by regulators) that are associated with a 
lower risk of default.[Footnote 7] Securitized mortgages that meet 
these criteria are exempt from this risk retention requirement and are 
referred to as "qualified residential mortgages" (QRM). The risk 
retention provision is designed to provide an economic incentive for 
securitizers of non-QRMs to ensure that lenders originate well- 
underwritten mortgages that protect investors from losses. Although 
the Dodd-Frank Act contains a uniform 5 percent requirement, it gives 
federal regulators the flexibility to specify a risk retention 
requirement for nonexempt mortgages that varies depending on the 
underwriting standards used. 

Given the serious problems that continue in the mortgage market and 
congressional interest in protecting consumers and ensuring credit 
availability, we were required to assess the potential impact of the 
mortgage-related provisions of the Dodd-Frank Act and issue a report 
by July 21, 2011. Because regulations governing implementation of 
these provisions are still being developed, the criteria we assessed 
could change based on rulemakers' review of comments from the public 
on the proposed rules. The public comment periods for proposed QM and 
QRM rules will end on July 22 and August 1, 2011, respectively. Partly 
for this reason, assessing the potential impact of the Dodd-Frank Act 
provisions is challenging at this time. This report (1) assesses the 
proportions of mortgages originated from 2001 through 2010 that would 
have met selected QM criteria specified in the Dodd-Frank Act and 
describes the views of mortgage industry stakeholders on the potential 
effects of the QM criteria on the mortgage market, (2) discusses 
relevant information and the views of mortgage industry stakeholders 
on the potential impact of a risk retention requirement on the 
mortgage market and the advantages and disadvantages of a uniform risk 
retention requirement, and (3) describes what research and the views 
of mortgage industry stakeholders suggest about the potential impact 
of provisions in the Dodd-Frank Act regarding homeownership counseling 
and changes to the Home Ownership Equity Protection Act (HOEPA). 
[Footnote 8] For practical reasons, we examined these different parts 
of the Dodd-Frank Act separately. Although the purpose and scope of 
the QM and QRM provisions are somewhat different, they could be 
expected to work together by increasing lenders' and securitizers' 
exposure to the risks that are associated with mortgages whose 
features and terms put borrowers at higher risk of default and 
foreclosure. 

Because recovery from today's restricted credit conditions could 
expand the volume and types of mortgage products in the marketplace, 
we used historical data to illustrate the potential effects of 
selected QM criteria under different market conditions and lending 
environments. Specifically, we analyzed a proprietary database of 
loans from CoreLogic, Inc., to examine the proportions of loans 
originated from 2001 through 2010 that likely would have met selected 
QM criteria specified in the Dodd-Frank Act. This database contains 
information from major mortgage servicers and covers a broad cross-
section of the mortgage market. For example, CoreLogic estimates that 
the database captures 60 to 65 percent of the mortgages purchased by 
Freddie Mac and Fannie Mae (the enterprises), respectively, 
approximately 50 percent of subprime mortgages, and about 90 percent 
of mortgages with government-insurance or guarantees (such as 
mortgages insured by the Federal Housing Administration (FHA)). 
[Footnote 9] Nevertheless, because of limitations in the coverage and 
completeness of the data, our analysis may not be fully representative 
of the mortgage market as whole. We examined five of the nine QM 
criteria specified in the Dodd-Frank Act for which sufficient data, 
including data from the CoreLogic database, were available (see the 
first five criteria previously listed).[Footnote 10] In general, for 
each year from 2001 through 2010, we identified the proportion of 
mortgage originations that would have met the individual criteria. We 
were not able to calculate relevant proportions for certain years and 
mortgage market segments due to data limitations. Primarily due to 
data limitations, we were also not able to assess the remaining four 
QM criteria (see the last four criteria listed previously). 

We assessed the reliability of the CoreLogic data by interviewing 
CoreLogic representatives about the methods the firm used to collect 
and ensure the integrity of the information. We also reviewed 
supporting documentation about the database. In addition, we conducted 
reasonableness checks on the data to identify any missing, erroneous, 
or outlying figures. We concluded that the data elements we used were 
sufficiently reliable for our purposes. To obtain additional 
information and views on the potential effects of the QM criteria 
specified in the Dodd-Frank Act, we reviewed proposed rules for 
implementing the Dodd-Frank Act's QM provisions. We also reviewed 
relevant research literature and interviewed officials from 
organizations representing mortgage lenders, mortgage brokers, 
investors, securitizers, and consumer interests. Additionally, we 
interviewed officials from the Federal Reserve Board, Federal Deposit 
Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), 
Department of Housing and Urban Development (HUD), National Credit 
Union Administration (NCUA), Office of the Comptroller of the Currency 
(OCC), and Office of Thrift Supervision (OTS). 

To assess the potential impact of the Dodd-Frank Act's risk retention 
requirement on the mortgage market, we reviewed relevant statutory 
provisions and the rules that have been proposed to implement those 
provisions. We also reviewed available information on mortgage 
securitization practices prior to the financial crisis and factors 
that could affect the impact of the risk retention requirement, 
including potential changes to the roles of the enterprises and FHA. 
We interviewed key mortgage industry stakeholders--including those 
representing mortgage lenders, securitizers, investors, and consumers--
to obtain their views on the potential impact of a risk retention 
requirement including how regulatory decisions regarding the form and 
coverage of the requirement could affect the availability and 
affordability of mortgage credit. We used the CoreLogic data to 
examine selected criteria--loan-to-value (LTV) ratio and debt service-
to-income (DTI) ratio--that regulators are considering as part of the 
QRM rulemaking to describe the proportion of mortgages that may have 
met different LTV and DTI thresholds in 2006 (a period of relatively 
lax underwriting standards) and 2010 (a period of relatively stringent 
underwriting standards).[Footnote 11] To assess the impact of the risk 
retention requirement on lenders, we reviewed relevant accounting 
standards and risk-based capital requirements that could interact with 
risk retention. We also interviewed industry stakeholders about the 
impact of a risk retention requirement on different types and sizes of 
mortgage lenders. To assess the advantages and disadvantages of a 
uniform 5 percent risk retention requirement, we interviewed industry 
stakeholders about the development, implementation, and enforcement of 
both a uniform and a nonuniform requirement. Finally, we interviewed 
officials from the previously cited federal agencies and the 
Securities and Exchange Commission (SEC). 

To describe the potential effects of the housing counseling and HOEPA 
provisions in the Dodd-Frank Act, we reviewed relevant statutory 
provisions and industry research. We identified and reviewed empirical 
research and published literature on the impact of prepurchase and 
foreclosure mitigation counseling on mortgage outcomes. We also 
interviewed HUD officials about their plans for creating the new 
housing counseling office required by the Dodd-Frank Act. We compared 
the new HOEPA requirements in the Dodd-Frank Act to previous statutory 
requirements and examined available research on the number of loans 
originated from 2004 through 2009 that were covered by HOEPA 
requirements. We also interviewed a wide range of mortgage and 
counseling industry stakeholders, including federal agencies, consumer 
groups, lenders, and academic researchers about the Dodd-Frank Act's 
counseling and HOEPA provisions. 

We conducted this performance audit from August 2010 to July 2011 in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. Appendix I 
explains our objectives, scope, and methodology in greater detail. 

Background: 

Mortgage Markets and Securitization: 

Residential mortgages fall into several loosely defined categories and 
encompass a range of loan products: 

* Prime mortgages are made to borrowers with strong credit histories 
and provide the most attractive interest rates and loan terms. 

* Near-prime mortgages (also called Alt-A mortgages) generally serve 
borrowers whose credit histories are close to prime but who have one 
or more higher-risk characteristics, such as limited documentation of 
income or assets. 

* Subprime mortgages are generally made to borrowers with blemished 
credit and feature higher interest rates and fees than prime loans. 

* Government-insured or -guaranteed mortgages primarily serve 
borrowers who may have difficulty qualifying for prime loans and 
feature interest rates similar to those for prime loans. These 
mortgages require insurance or charge guarantee fees. FHA and the 
Department of Veterans Affairs (VA) operate the two main federal 
programs that insure or guarantee mortgages. 

Across all of these market segments, two types of loans are common: 
fixed-rate mortgages, which have interest rates that do not change 
over the life of the loans and ARMs, which have interest rates that 
change periodically based on changes in a specified index. 

A number of loan features became more common in the 2000s. While these 
features potentially expanded access to mortgage credit, they were 
often associated with higher default rates. These features included 
the following: 

* Low-and no-documentation loans. Originally intended for borrowers 
who had difficulty documenting income, such as the self-employed, 
these loans were made with little or no verification of a borrower's 
income or assets. 

* High LTV ratios. As homebuyers made smaller down payments, this 
ratio increased. 

* Prepayment penalties. Some loans contained built-in penalties for 
repaying part or all of a loan in advance of the regular schedule. 

Other mortgage types that became more prevalent during this period 
included different types of ARMs. Short-term hybrid ARMs had a fixed 
interest rate for an initial period (usually 2 or 3 years) but then 
"reset" to an adjustable rate for the remaining term of the loan. 
Interest-only or payment-option ARMs allowed borrowers to defer 
repayment of principal and possibly part of the interest for the first 
few years of the loan.[Footnote 12] Payment-option ARMs enabled 
mortgages to negatively amortize, meaning that the loan balance could 
increase over time. 

The secondary mortgage market, where loans are securitized, plays an 
important role in providing liquidity for mortgage lending. 
Securitization has a number of benefits for lenders. Among other 
things, it is typically less expensive than raising funds directly and 
it transfers some or all of the credit and interest rate risk from the 
lender to the investor.[Footnote 13] To securitize mortgage loans, 
mortgage lenders or originators sell their loans to third parties-- 
either directly to securitizing institutions or loan aggregators that 
serve as intermediaries between originators and securitizers-- 
generating funds that could be used to originate more loans (see 
figure 1). Securitization involves a number of players. Securitizing 
institutions include investment banks, retail banks, mortgage 
companies, and real estate investment trusts (REIT).[Footnote 14] As a 
part of the securitization process, securitizers create a separate 
legal entity ("special purpose entity" or SPE) to bundle mortgages and 
sell them as investment products called RMBS. The purpose of creating 
the SPE is to help ensure that securitized assets are protected in the 
event of a bankruptcy of the securitizing or originating institutions. 
Other parties to a securitization transaction include, but are not 
limited to, credit rating agencies that assess the creditworthiness of 
the securities based on the likelihood of default and the expected 
value of dollar losses in the event of a default, and deal 
underwriters hired by the securitizers to market and sell the 
securities to investors. Finally, servicers are hired to collect 
mortgage payments from the borrowers and disburse interest and 
principal payments to the investors. 

Figure 1: Basic Steps in the Securitization of Residential Mortgages: 

[Refer to PDF for image: illustration] 

1) Lenders originate or extend mortgage credit to borrowers. 
1A) Borrowers obtain credit and make interest and principal payments 
to servicers; go to step 5B. 

2) Securitizers purchase mortgages from lenders and organize and 
initiate residential mortgage-backed securitization transactions. 
Securitizers create separate legal entities called Special Purpose 
Entities (SPE) to transfer risk and protect the securitized assets in 
the event of the securitizers’ bankruptcy. 

3A) Credit rating agencies assess the creditworthiness of the 
securities. 

3B) SPEs receive mortgages from lenders, bundle them, and issue them 
as securities. 

4) Underwriters are hired by securitizers to market and sell 
securities. 

5A) Investors purchase securities and receive interest and principal 
payments. 

5B) Servicers collect mortgage payments from borrowers and disburse 
interest and principal payments to investors. Go to step 5A. 

Source: GAO. 

[End of figure] 

RMBS can be structured in different ways, but one common structure 
involves a prespecified distribution of cash payments to investors in 
different slices, or tranches of the security. Tranching allows 
investors with different appetites for risk to invest in a security 
with the same underlying pool of loans. In such credit-tranched 
structures, also known as "senior subordinate" structures, cash from 
the underlying loans is generally paid to the topmost, least risky 
tranche first until the prespecified thresholds are met. Cash then 
flows to the lower tranches in what is known as a "waterfall." 
Conversely, the bottom-most tranche typically absorbs the losses from 
defaults until it is depleted, with any additional losses flowing up 
toward senior securities. 

The secondary mortgage market consists of (1) Ginnie Mae-guaranteed 
RMBS, which are backed by cash flows from federally insured or 
guaranteed mortgages; (2) enterprise RMBS, which are backed by 
mortgages that meet the criteria for purchase by Fannie Mae and 
Freddie Mac; and (3) private-label RMBS, which are backed by mortgages 
that do not conform to enterprise purchase requirements because they 
are too large (i.e., jumbo mortgages) or otherwise do not meet 
enterprise underwriting criteria. Most subprime and near-prime 
mortgages, and many prime jumbo mortgages, were securitized into 
private-label RMBS. However, the private-label market, which accounted 
for most of the RMBS issuances in 2005 and 2006, collapsed in 2008 and 
has not recovered. As a result, almost all RMBS issuances in recent 
years are backed by the full guarantees of the enterprises and Ginnie 
Mae. RMBS represent the biggest single piece of the larger 
securitization market, accounting for over one-third of all new asset-
backed issuances from 2005 through the third quarter of 2010. 

The composition of the mortgage market has changed dramatically in 
recent years. In the early to mid-2000s, the volume of subprime and 
near-prime mortgage originations grew rapidly and peaked in 2006, 
accounting for nearly 40 percent of mortgage originations that year. 
[Footnote 15] These market segments contracted sharply in mid-2007, 
partly in response to increasing defaults and foreclosures, including 
mortgages defaulting within a few months of origination, and a lack of 
investor demand.[Footnote 16] The market segments comprising mortgages 
backed by the enterprises and FHA had the opposite experience: a 
decline in market share in the early to mid-2000s, followed by rapid 
growth beginning in 2007 and 2008, respectively.[Footnote 17] For 
example, the enterprises' share of the mortgage market decreased from 
about one-half in 2003 to about one-third in 2006. By 2009 and 2010, 
enterprise-backed mortgages had increased to more than 65 percent of 
the market. Similarly, FHA-insured mortgages grew from about 2 percent 
of the market in 2006 to about 20 percent in 2009 and 2010. Congress 
and the administration are currently considering options to scale back 
the role of the enterprises and FHA in the mortgage market and 
increase the role of private capital. In addition to these potential 
changes, a recovery from constrained credit conditions in the mortgage 
market could expand the volume of mortgages extended to borrowers and 
therefore subject to the Dodd-Frank Act's provisions. 

Federal Mortgage Lending Laws: 

The Dodd-Frank Act enacts numerous provisions intended to reform the 
mortgage lending industry with an eye toward consumer protection. Many 
of these provisions are contained in Title XIV of the act, which 
amends provisions of the Truth in Lending Act (TILA) to reform and 
provide accountability for consumer mortgage practices.[Footnote 18] 
TILA, enacted in 1968, and HOEPA, which amended TILA in 1994, are 
among the primary federal laws governing mortgage lending. TILA was 
designed to provide consumers with accurate information about the cost 
of credit. Among other things, TILA requires lenders to disclose 
information about the terms of loans--including the amount financed, 
the finance charge, and the annual percentage rate (APR)--that can 
help borrowers understand the overall costs of their loans.[Footnote 
19] 

Congress enacted HOEPA in response to concerns about predatory 
lending. HOEPA regulates and restricts the terms and characteristics 
of certain kinds of "high-cost" mortgages--that is, those that exceed 
certain thresholds in their APRs or fees (often referred to as "rate 
and fee triggers"). The Dodd-Frank Act expands the definition of high-
cost loans to include mortgages for purchasing a home; reduces the APR 
and points and fees triggers; and requires mandatory preloan 
counseling for borrowers of high-cost mortgages, among other things. 
The Federal Reserve Board implements TILA and HOEPA, but this 
responsibility will transfer to the Bureau of Consumer Financial 
Protection (also known as the Consumer Financial Protection Bureau or 
CFPB) on July 21, 2011. 

Minimum Lending Standards and Qualified Mortgage Provisions: 

The Dodd-Frank Act reforms mortgage lending by amending TILA to 
prohibit lenders from making mortgage loans without regard to 
consumers' ability to repay them. As previously noted, lenders can 
comply with the ability-to-repay standard by originating a QM. Lenders 
are not prohibited from originating non-QMs, however. The Dodd-Frank 
Act specifies nine QM criteria, but gives the Federal Reserve Board 
the authority to add to, subtract from, or modify the criteria as it 
develops implementing regulations (see table 1).[Footnote 20] 

Table 1: Nine QM Criteria Specified in the Dodd-Frank Act: 

1. Regular periodic payments do not result in an increase in the 
principal balance or result in a deferral of the repayment of 
principal (i.e., the mortgage cannot have a negative amortization 
feature or interest-only period). 

2. The loan term does not exceed 30 years. Rulemakers may extend loan 
terms beyond 30 years for certain locales, such as high-cost areas. 

3. Except for balloon loans under specified circumstances, the 
mortgage does not include balloon payments.[A] 

4. Borrower income and financial resources are verified and documented. 

5. The loans comply with guidelines or regulations established by the 
Federal Reserve Board relating to ratios of total monthly debt to 
monthly income or alternative measures of ability to pay regular 
expenses after paying monthly debt. 

6. A fixed-rate loan is underwritten based on a fully amortizing 
payment schedule that takes into account applicable taxes, insurance, 
and assessments. 

7. An ARM is underwritten based on the maximum rate permitted during 
the first 5 years and on a fully amortizing payment schedule that 
takes into account applicable taxes, insurance, and assessments. 

8. Total points and fees payable in connection with loan do not exceed 
3 percent of the total loan amount. 

9. A reverse mortgage meets QM standards as set by the Federal Reserve 
Board.[B] 

Source: Dodd-Frank Act. 

[A] According to Dodd-Frank Act provisions and proposed QM rules 
issued in April 2011, some balloon mortgages can be considered to meet 
the QM criteria, such as balloon mortgages made by creditors that 
operate in predominantly rural or underserved areas. 

[B] In proposed regulations, the Federal Reserve Board indicated that 
QM requirements were generally not relevant to reverse mortgages 
because the Dodd-Frank Act does not subject reverse mortgages to the 
ability-to-repay requirement (see 76 Fed. Reg. 27390, 27407 (May 11, 
2011)). As a result, the Federal Reserve Board has not proposed QM 
standards for reverse mortgages at this time. 

[End of table] 

Risk Retention Requirement: 

The Dodd-Frank Act requires securitizers of RMBS to retain no less 
than 5 percent of the credit risk of any residential mortgage they 
securitize that does not meet specified criteria.[Footnote 21] The 
purpose of the requirement is to help align the interests of 
participants in the securitization process and encourage sound loan 
underwriting. The Dodd-Frank Act exempts government-insured or - 
guaranteed mortgages from the risk retention requirement (excluding 
mortgages backed by the enterprises, which are in government 
conservatorship), and as noted previously, loans that meet the QRM 
criteria.[Footnote 22] However, the Dodd-Frank Act requires that the 
risk retention requirement be applied to any RMBS that contains one or 
more non-QRMs, even if the vast majority of the security's mortgages 
are QRMs. 

Federal banking and other agencies are required by the Dodd-Frank Act 
to jointly prescribe regulations for the risk retention requirement. 
[Footnote 23] In crafting the risk retention regulations, the Dodd-
Frank Act requires rulemakers to specify, among other things, 

* criteria for QRMs, taking into consideration underwriting and 
product features that historical loan performance data indicate result 
in a lower risk of default thereby ensuring high-quality loan 
underwriting. The Dodd-Frank Act specifies that the QRM definition 
cannot be broader than the QM definition described previously (i.e., 
the QRM criteria can be more restrictive than the QM criteria but not 
less restrictive); 

* permissible forms of risk retention and the minimum duration for 
meeting the requirement; 

* ways of allocating risk between securitizers and originators; and: 

* the possibility of permitting a lower risk retention requirement 
(less than 5 percent) for any non-QRM that meets underwriting 
standards that the agencies develop in regulations. 

Rulemakers issued proposed rules for the risk retention provisions in 
March 2011.[Footnote 24] The proposed criteria for the QRM include, 
but are not limited to, the following: 

* the LTV ratio must be at least 80 percent for mortgages obtained for 
a home purchase;[Footnote 25] 

* the DTI ratio must be 36 percent or less;[Footnote 26] 

* the loan term must not exceed 30 years; 

* the loan cannot include negative amortization or payment deferral 
features; 

* points and fees cannot exceed 3 percent of the total loan amount; 

* the borrower can neither be 30 or more days past due on any debt 
obligation nor have been 60 or more days past due on any debt 
obligation within the preceding 24 months; and: 

* the originator must incorporate into the mortgage documents certain 
requirements regarding policies and procedures for servicing the 
mortgage, including procedures to promptly initiate activities to 
mitigate the risk of default for delinquent loans.[Footnote 27] 

Although this report focuses on risk retention for RMBS, the Dodd- 
Frank Act's risk retention requirement also applies to securities 
backed by other asset classes, such as credit cards and automobile 
loans. In response to a mandate in the Dodd-Frank Act, the Federal 
Reserve Board issued a report in October 2010 that, among other 
things, describes historical issuance activity, securitization 
structures, and incentive alignment mechanisms for nine categories of 
asset-backed securities.[Footnote 28] The report noted that the 
effects of a final set of risk retention requirements could not be 
analyzed because implementing regulations were still being developed. 
However, the report made a number of recommendations for rulemakers to 
consider when crafting the risk retention requirement, including a 
recommendation that the requirement be tailored to each major class of 
securitized assets. Also in response to a mandate in the Dodd-Frank 
Act, the Chairman of the Financial Stability Oversight Council issued 
a report in January 2011 that examined the macroeconomic effects of a 
risk retention requirement. While noting limitations in the 
information available to assess the impacts of risk retention rules 
not yet in place, the report offered several principles and 
recommendations to inform the design of a risk retention framework 
that facilitates economic growth by allowing market participants to 
price credit risk more accurately and allocate capital more 
efficiently.[Footnote 29] 

Housing Counseling: 

The Housing and Urban Development Act of 1968 authorized HUD to 
provide housing counseling services.[Footnote 30] Specifically, it 
authorized HUD to make grants to or contract with public or private 
organizations to provide a broad range of housing counseling services 
to homeowners and tenants to assist them in improving their housing 
conditions and in meeting the responsibilities of homeownership or 
tenancy.[Footnote 31] 

The Dodd-Frank Act requires HUD to establish an Office of Housing 
Counseling and gives the office a broad range of responsibilities 
relating to homeownership and rental housing counseling, including 
grant administration, policy development, public outreach, and 
research.[Footnote 32] The Dodd-Frank Act requires HUD to appoint a 
Director of Housing Counseling to report directly to the Secretary of 
HUD and to establish an advisory committee consisting of mortgage and 
real estate industry stakeholders and consumer groups and HUD-
certified housing counseling agencies. 

Two key types of homeownership counseling are foreclosure mitigation 
counseling and prepurchase counseling. Foreclosure mitigation 
counseling focuses on helping financially distressed homeowners avoid 
foreclosure by working with lenders to cure mortgage delinquency. 
Prepurchase counseling topics can include the process of qualifying 
for a mortgage, selecting a mortgage product, and successfully 
maintaining a home. While prepurchase counseling was common prior to 
the financial crisis, foreclosure mitigation counseling has gained 
increasing attention and popularity as a means to assist homeowners 
who are struggling to stay in their homes. 

Although Most Recent Mortgages Would Likely Have Met Certain Qualified 
Mortgage Criteria, the Criteria Could Limit Mortgage Options for Some 
Borrowers: 

Our analysis of the QM criteria specified in the Dodd-Frank Act 
generally indicated that, for each year from 2001 through 2010, most 
mortgages would likely have met the individual criteria for which 
relevant data were available.[Footnote 33] The extent to which 
mortgages met individual criteria varied by mortgage category and 
origination year, reflecting changes in the mortgage market over the 
10-year period. Consumer and industry groups that we spoke with noted 
that the QM criteria would likely provide several benefits to 
qualified borrowers, and housing research indicates that many of the 
QM criteria are associated with a borrower's ability to repay a 
mortgage. However, some consumer and industry groups stated that some 
of the QM criteria could increase the cost and restrict the 
availability of mortgages for some borrower groups, including lower-
income and minority borrowers. 

Data on a Cross Section of Mortgages Suggest That Most Mortgages Would 
Have Met Selected Qualified Mortgage Criteria Specified in the Dodd- 
Frank Act: 

To illustrate the potential significance of the QM criteria under 
different lending environments and market conditions, we applied 
selected criteria to CoreLogic data on mortgages originated from 2001 
through 2010. We applied each criterion separately, calculating the 
proportion of mortgages in each annual loan origination cohort that 
likely would have met it. We were unable to determine the proportion 
of mortgages that would have met all of the criteria we examined due 
to the number of records in the database that had missing or 
unreliable values for one or more of the criteria. For example, the 
database contained no information on DTI ratio for subprime mortgages 
and did not have reliable information on documentation of borrower 
income and assets.[Footnote 34] As a result, we determined that 
applying the criteria simultaneously would not have produced reliable 
results. Because the CoreLogic data group mortgages into two broad 
categories--the first containing prime, near-prime, and government-
insured or -guaranteed loans and the second containing subprime loans--
we examined these categories separately when possible.[Footnote 35] 
The data did not contain information needed to examine all of the QM 
criteria specified in the Dodd-Frank Act. As a result, our analysis 
focused on the five criteria for which CoreLogic or other data were 
available. Our analysis includes other limitations and assumptions, as 
discussed in the rest of this section and in appendix I. Additionally, 
appendix II contains additional breakdowns of our analysis by 
geographic groupings based on racial, ethnic, income, and house price 
patterns. 

The five QM criteria in the Dodd-Frank Act that we were able to assess 
were: 

* regular periodic payments do not result in an increase in the 
principal balance or deferred repayment of principal (e.g., due to 
negative amortization features); 

* the loan term does not exceed 30 years;[Footnote 36] 

* except for balloon loans under specified circumstances, the loan 
does not include balloon payments;[Footnote 37] 

* borrower income and financial resources are verified and documented; 
and: 

* the loan complies with guidelines or regulations established by the 
Federal Reserve Board relating to ratios of total monthly debt service 
to monthly income. The Federal Reserve Board's proposed rules for QMs 
do not provide a specific DTI ratio.[Footnote 38] Therefore, for 
illustrative purposes, we used the 41-percent ratio that serves as a 
guideline in underwriting FHA-insured mortgages. 

Negative Amortization Features: 

The significance of selected QM requirements varied by origination 
year. Regarding the criterion for repayment of principal, our analysis 
focused on mortgages with negative amortization features, which would 
have been prohibited under the Dodd-Frank Act because they allowed 
payments that did not cover the loan principal, resulting in 
increasing loan amounts. Due to limitations in the CoreLogic data, our 
analysis does not account for interest-only mortgages, which would 
also have been prohibited because they deferred repayment of 
principal.[Footnote 39] Negative amortization features can be 
problematic because borrowers may experience payment shock when their 
payments increase to include an amount that will fully amortize the 
outstanding balance over the remaining loan term. As shown in figure 
2, most mortgages originated from 2001 through 2010 would have met the 
QM requirement related to repayment of principal. Among prime, near-
prime, and government-insured mortgages, the proportion of new 
originations without a negative amortization feature declined from 99 
percent in 2001 to 91 percent in 2005, then increased to essentially 
100 percent in 2009 and 2010. This trend reflects the growth in near-
prime mortgages (many of which were payment-option ARMs that could 
negatively amortize) early in the decade and their disappearance after 
2007. In the subprime market, almost 100 percent of mortgage 
originations from 2001 through 2007 did not have negative amortization 
features. Because so few subprime mortgages were originated after 
2007, we did not calculate corresponding percentages for 2008 through 
2010 for this criterion or other QM criteria. 

Figure 2: Proportions of Mortgages Meeting Qualified Mortgage 
Repayment of Principal Requirement, 2001-2010: 

[Refer to PDF for image: multiple line graph] 

Year: 2001; 
Subprime: 99.7311%; 
Prime, near-prime, and government-insured: 98.9243%. 

Year: 2002; 
Subprime: 99.7569%; 
Prime, near-prime, and government-insured: 98.6724%. 

Year: 2003; 
Subprime: 99.934%; 
Prime, near-prime, and government-insured: 98.7117%. 

Year: 2004; 
Subprime: 99.999%; 
Prime, near-prime, and government-insured: 94.7421%. 

Year: 2005; 
Subprime: 99.9977%; 
Prime, near-prime, and government-insured: 90.8882%. 

Year: 2006; 
Subprime: 99.9883%; 
Prime, near-prime, and government-insured: 92.5288%. 

Year: 2007; 
Subprime: 99.8206%; 
Prime, near-prime, and government-insured: 95.9949%. 

Year: 2008; 
Prime, near-prime, and government-insured: 99.3448%. 

Year: 2009; 
Prime, near-prime, and government-insured: 100%. 

Year: 2010; 
Prime, near-prime, and government-insured: 99.9997%. 

Source: GAO analysis of CoreLogic data. 

Note: We do not report percentages for subprime mortgages after 2007 
due to the low number of originations. The figure does not account for 
interest-only mortgages, which would also be prohibited because they 
defer repayment of principal. The CoreLogic database we used for this 
analysis covers a broad cross-section of the mortgage market. However, 
because of limitations in the coverage and completeness of the data, 
our analysis may not be fully representative of the mortgage market 
segments shown. 

[End of figure] 

Loan Term: 

As shown in figure 3, the large majority of mortgages originated from 
2001 through 2010 would have met the QM criterion for a loan term of 
30 years of less. A term of greater than 30 years increases the 
borrower's total mortgage costs because more interest accrues than it 
would in a shorter period. Among prime, near-prime, and government-
insured mortgages, essentially 100 percent met the criterion from 2001 
through 2004. For this category of mortgages, the proportion declined 
to 96 percent in 2007 and rose back to about 100 percent by 2009. For 
subprime mortgages, the proportion that met the criterion was nearly 
100 percent from 2001 through 2004, but declined to 85 percent in 
2006. The trend in the middle of the decade toward mortgages with 
longer loan terms suggests efforts by lenders to qualify borrowers for 
mortgages that offered lower monthly payments during a period of 
strong appreciation in house prices. 

Figure 3: Proportions of Mortgages Meeting Qualified Mortgage 
Requirement for Loan Terms of 30 Years or Less, 2001-2010: 

[Refer to PDF for image: multiple line graph] 

Year: 2001; 
Subprime: 99.5957%; 
Prime, near-prime, and government-insured: 99.7788%. 

Year: 2002; 
Subprime: 99.7661%; 
Prime, near-prime, and government-insured: 99.7823%. 

Year: 2003; 
Subprime: 99.8275%; 
Prime, near-prime, and government-insured: 99.7811%. 

Year: 2004; 
Subprime: 99.7776%; 
Prime, near-prime, and government-insured: 99.5142%. 

Year: 2005; 
Subprime: 95.7375%; 
Prime, near-prime, and government-insured: 98.7947%. 

Year: 2006; 
Subprime: 85.0127%; 
Prime, near-prime, and government-insured: 96.6845%. 

Year: 2007; 
Subprime: 86.3418%; 
Prime, near-prime, and government-insured: 96.0168%. 

Year: 2008; 
Prime, near-prime, and government-insured: 98.811%. 

Year: 2009; 
Prime, near-prime, and government-insured: 99.808%. 

Year: 2010; 
Prime, near-prime, and government-insured: 99.8164%. 

Source: GAO analysis of CoreLogic data. 

Note: We do not report the proportion of subprime mortgages after 2007 
due to the low number of subprime originations. The CoreLogic database 
we used for this analysis covers a broad cross-section of the mortgage 
market. However, because of limitations in the coverage and 
completeness of the data, our analysis may not be fully representative 
of the mortgage market segments shown. 

[End of figure] 

Balloon Payments: 

A high proportion of the mortgages originated over the 10-year period 
we examined would have met the QM criterion restricting balloon 
payments, although the percentages were somewhat different for prime, 
near-prime, and government-insured mortgages compared with subprime 
mortgages (see figure 4). A balloon mortgage does not fully amortize 
over the term of the loan, leaving a balance due at maturity. The 
final payment is called a balloon payment because it is generally much 
larger than the other payments. Mortgages with balloon payments have 
been associated with repayment problems, likely due to the payment 
shock that occurs when the loan balance becomes due, or difficulty in 
refinancing at the end of the loan term, especially if the home value 
depreciated. Among prime, near-prime, and government-insured 
mortgages, almost 100 percent of the originations each year did not 
have balloon payments. For subprime mortgages, the proportions 
increased from 96 percent in 2001 to 99 percent in 2003 and 2004, and 
decreased to about 90 percent in 2007. 

Figure 4: Proportions of Mortgages Meeting Qualified Mortgage 
Restriction on Balloon Payments, 2001-2010: 

[Refer to PDF for image: multiple line graph] 

Year: 2001; 
Subprime: 95.9666%; 
Prime, near-prime, and government-insured: 99.4479%. 

Year: 2002; 
Subprime: 98.3489%; 
Prime, near-prime, and government-insured: 99.2473%. 

Year: 2003; 
Subprime: 99.2907%; 
Prime, near-prime, and government-insured: 99.0558%. 

Year: 2004; 
Subprime: 99.3153%; 
Prime, near-prime, and government-insured: 99.3745%. 

Year: 2005; 
Subprime: 97.3576%; 
Prime, near-prime, and government-insured: 99.7026%. 

Year: 2006; 
Subprime: 90.9082%; 
Prime, near-prime, and government-insured: 99.7437%. 

Year: 2007; 
Subprime: 89.6104%; 
Prime, near-prime, and government-insured: 99.8956%. 

Year: 2008; 
Prime, near-prime, and government-insured: 99.9988%. 

Year: 2009; 
Prime, near-prime, and government-insured: 100%. 

Year: 2010; 
Prime, near-prime, and government-insured: 100%. 

Source: GAO analysis of CoreLogic data. 

Note: We do not report the proportion of subprime mortgages after 2007 
due to the low number of subprime originations. The CoreLogic database 
we used for this analysis covers a broad cross-section of the mortgage 
market. However, because of limitations in the coverage and 
completeness of the data, our analysis may not be fully representative 
of the mortgage market segments shown. 

[End of figure] 

Full Documentation: 

A majority of the mortgages originated from 2001 through 2010 would 
likely have met the QM criterion for full documentation of borrower 
income and other financial resources, although low-or no-documentation 
loans became common in certain market segments in the middle of the 
decade. Low-or no-documentation of income or assets allows borrowers 
to provide less detailed financial information than is traditionally 
required. This feature was originally intended for borrowers who might 
have difficulty documenting income, such as the self-employed, but 
eventually became more widespread in the mid-2000s. As we previously 
reported, mortgage originators or borrowers may have used the limited 
documentation feature in some cases to overstate the financial 
resources of borrowers and qualify them for larger, potentially 
unaffordable loans.[Footnote 40] 

The CoreLogic data on documentation level were not sufficiently 
reliable for our purposes, but information from other sources provides 
some insights on documentation practices during the 10-year period we 
examined. FHFA analysis of mortgages purchased by the enterprises from 
2001 through 2010 indicates that the proportion of mortgages 
originated each year that were not "Alt-A," and therefore most likely 
to have met the full documentation criterion, ranged from a low of 
about 80 percent in 2006 (when enterprise-purchased mortgages 
accounted for about one-third of the market) to a high of 100 percent 
in 2010 (when the enterprises represented about two-thirds of the 
market).[Footnote 41] According to FHA policy, all FHA-insured 
mortgages, except the generally modest proportion that are streamlined 
refinances (expedited refinancing from one FHA-insured loan into 
another), are fully documented. As previously noted, FHA-insured 
mortgages accounted for about 20 percent of new originations in 2009 
and 2010 but for a substantially smaller share in prior years. As we 
have previously reported, smaller proportions of subprime and near-
prime mortgages--which together grew to about 40 percent of mortgage 
originations in 2006 but mostly disappeared after 2007--had full 
documentation. Specifically, from 2001 to 2007, the proportion of 
subprime mortgages with full documentation ranged from about 60 
percent (in 2006) to 80 percent (in 2001), while the corresponding 
proportion for near-prime mortgages ranged from about 20 percent (in 
2006 and 2007) to just over 40 percent (in 2002). 

Debt Service-to-Income Ratio: 

Using an illustrative standard of 41 percent or less for the QM 
criterion for DTI ratio, we found that more than half of the mortgages 
originated from 2003 through 2010 for which reported DTI ratios were 
available would likely have met the criterion; however, a sizable 
proportion--from 25 to 42 percent--would not have.[Footnote 42] We did 
not calculate corresponding percentages for 2001 and 2002 because our 
CoreLogic data sample lacked DTI information for the large majority of 
the mortgages originated in those years. The DTI ratio is a key 
measure of a borrower's debt burden and is therefore a factor used in 
assessing a borrower's ability to repay a loan. The proportion of 
prime, near-prime, and government-insured mortgages that would have 
met the illustrative 41-percent criterion decreased from about 75 
percent in 2003 to 58 percent in 2008 and then increased to about 65 
percent in 2009 and 2010 (see figure 5). Although the CoreLogic 
database we used did not have DTI information for subprime mortgages, 
we have previously reported that subprime mortgages originated from 
2001 through 2005 had average reported DTI ratios of less than 41 
percent and that those originated in 2006 and 2007 had average 
reported DTI ratios of 41.1 and 41.5 percent, respectively.[Footnote 
43] As a result, a substantial proportion of subprime mortgages would 
not have met a 41-percent criterion. 

Figure 5: Proportions of Prime, Near-Prime, and Government-insured 
Mortgages Meeting Illustrative Qualified Mortgage Criterion for a Debt 
Service-to-Income Ratio of 41 Percent or Less, 2003-2010: 

[Refer to PDF for image: stacked vertical bar graph] 

Year: 2003; 
Equal to or less than 41%: 75%; 
Greater than 41%: 25%. 

Year: 2004; 
Equal to or less than 41%: 72%; 
Greater than 41%: 28%. 

Year: 2005; 
Equal to or less than 41%: 65%; 
Greater than 41%: 35%. 

Year: 2006; 
Equal to or less than 41%: 62%; 
Greater than 41%: 38%. 

Year: 2007; 
Equal to or less than 41%: 58%; 
Greater than 41%: 42%. 

Year: 2008; 
Equal to or less than 41%: 58%; 
Greater than 41%: 42%. 

Year: 2009; 
Equal to or less than 41%: 65%; 
Greater than 41%: 35%. 

Year: 2010; 
Equal to or less than 41%: 65%; 
Greater than 41%: 35%. 

Source: GAO analysis of CoreLogic data. 

Notes: Percentages reflect only those mortgages for which data were 
available. About half of the mortgages in our CoreLogic data sample 
did not have information on the DTI ratio for 2003 through 2010. We 
concluded that those mortgages were likely not systematically 
different from mortgages with DTI information based on a comparison of 
the distribution of borrower credit scores associated with both groups 
of mortgages, which showed little difference. Additionally, the 
percentages shown are based on reported DTI ratios, which may 
understate debt obligations or overstate income in some cases. As a 
result, the proportions of mortgages we show as meeting the criterion 
are likely somewhat higher than they would have been if all of the DTI 
ratios had been calculated in a uniform and accurate manner. The Dodd- 
Frank Act does not specify a maximum DTI ratio for QMs and authorizes 
rulemakers to establish one. The CoreLogic database we used for this 
analysis covers a broad cross-section of the mortgage market. However, 
because of limitations in the coverage and completeness of the data, 
our analysis may not be fully representative of the mortgage market 
segments shown. 

[End of figure] 

Other Qualified Mortgage Criteria: 

Our analysis suggests that for each year from 2001 through 2010, most 
borrowers obtained mortgages with characteristics consistent with the 
individual QM criteria we were able to examine. However, we were not 
able to evaluate other QM criteria because of data limitations, and 
rulemaking agencies have not yet established the final QM criteria. 
The four criteria we were unable to examine were as follows: 

* underwriting for fixed-rate mortgages is based on a fully amortizing 
payment schedule that takes into account applicable taxes, insurance, 
and assessments; 

* underwriting for ARMs must be based on the maximum interest rate 
allowed during the first 5 years and must take into account applicable 
taxes, insurance, and assessments; 

* total points and fees cannot exceed 3 percent of the total loan 
amount; and: 

* reverse mortgages must meet standards established by the Federal 
Reserve Board. 

The first two criteria address the practice of some lenders that 
qualified borrowers for mortgages without assessing their ability to 
pay taxes and insurance or make monthly payments that reflected 
scheduled increases in interest rates.[Footnote 44] Requiring that 
underwriting account for applicable taxes and insurance could help 
ensure that borrowers can meet their responsibilities for paying these 
costs in addition to their mortgage payment.[Footnote 45] Similarly, 
requiring underwriting to be based on the maximum interest rate 
allowed during the first 5 years could help ensure that borrowers have 
the ability to pay scheduled increases in mortgage payments. Limiting 
points and fees may protect borrowers against excessive up-front 
charges that have been associated with predatory lending practices. We 
were not able to examine the criterion concerning reverse mortgages 
because the Federal Reserve Board did not propose standards for them. 
In proposed regulations, the Federal Reserve Board indicated that QM 
requirements were generally not relevant to reverse mortgages because 
the Dodd-Frank Act does not subject reverse mortgages to the ability- 
to-repay requirement. 

The Dodd-Frank Act gives the Federal Reserve Board the authority to 
add to, subtract from, or modify the QM criteria as implementing 
regulations are developed. Additionally, the Department of 
Agriculture's Rural Housing Service, FHA, and VA are required to 
develop separate QM criteria for their loan programs through 
regulations. The Federal Reserve Board issued proposed QM rules in 
April 2011, and is accepting public comments through July 22, 2011. 
The Dodd-Frank Act requires that the rules be finalized by no later 
than January 2013. 

Consumer and Industry Groups Cited Consumer Protection Benefits of the 
Qualified Mortgage Criteria but also Raised Some Concerns: 

Representatives from some consumer groups and the mortgage industry we 
spoke with stated that they were generally supportive of certain QM 
criteria in the Dodd-Frank Act because the criteria were associated 
with a borrower's ability to repay a mortgage. Representatives from 
one of the mortgage industry associations stated that the criteria 
were consistent with their responsible lending policy, which was based 
upon a consumer's ability to repay. Several consumer group 
representatives stated that providing mortgages based upon a 
borrower's ability to repay would ultimately benefit consumers by 
providing them with sustainable products, such as 30-year fixed-rate 
mortgages, that were easy to understand. In addition, some indicated 
that QMs would protect eligible consumers from risky loan features, 
such as abrupt interest rate increases that could cause payment shock. 
Also, one consumer group indicated that the QM criteria could increase 
the availability of affordable and sustainable mortgage credit by 
encouraging lender competition in offering less risky mortgage 
products and helping to increase investor confidence in private-label 
RMBS. 

Consistent with these views, research indicates that certain QM 
criteria specified in the Dodd-Frank Act are associated with a 
borrower's ability to meet their mortgage obligations. For example, we 
and others have previously reported that no-and low-documentation 
mortgages are associated with higher probabilities of default and 
foreclosure, likely because borrowers' financial resources were 
sometimes overstated, allowing for larger, potentially unaffordable 
loans.[Footnote 46] Additionally, some research indicates that balloon 
payments are associated with poorer loan performance, as some lenders 
may use them to induce borrowers into mortgages with attractive 
monthly payments without disclosing their long-term consequences. A 
2007 study estimated that, controlling for other factors, subprime 
refinance mortgages with balloon payments were 50 percent more likely 
to experience a foreclosure than other loans.[Footnote 47] We 
previously reported that mortgages with payment options that allowed 
for negative amortization (by adding deferred interest payments to the 
loan balance) could lead to payment shock when the interest-only or 
payment option period expired.[Footnote 48] Homeowners who could not 
afford the higher payments were more likely to enter foreclosure. 

However, several of the mortgage industry representatives told us that 
the QM criterion limiting total points and fees to 3 percent of the 
total loan amount could increase the cost and decrease the 
availability of mortgages for certain borrower groups, including 
otherwise qualified low-income and minority borrowers. According to 
these representatives, because certain costs for originating a 
mortgage are fixed (i.e., do not vary with the size of the loan), 
points and fees on smaller loans can easily exceed 3 percent of the 
total (e.g., loans of $150,000 or less, according to one lender). 
These representatives stated that a possible consequence of the cap 
could be that lenders would increase interest rates on smaller loans 
or be deterred from making them altogether. They indicated that this 
outcome could disproportionately affect populations that tend to take 
out smaller mortgages such as lower-income, first-time, rural, and 
minority borrowers. 

Several mortgage industry representatives also raised concerns about 
the QM criteria that restrict mortgages with balloon payments and 
create stricter underwriting standards for ARMs. According to these 
representatives, both product types--which typically have lower 
initial interest rates or monthly payments than comparable fixed-rate 
mortgages--can be used responsibly under certain circumstances to make 
mortgages more affordable in the short run. These representatives said 
that these criteria could constrain mortgage options or delay 
homeownership for borrowers that traditionally used such products, 
including some rural and lower-income borrowers.[Footnote 49] 

Concerns were also raised about DTI ratio requirements. While the Dodd-
Frank Act does not provide a maximum DTI ratio, it states that the QM 
criteria must comply with any guidelines or regulations established by 
the Federal Reserve Board relating to ratios of total monthly debt 
service to monthly income (or alternative measures).[Footnote 50] 
Several mortgage industry representatives stated that QM criteria that 
include specific DTI ratios could restrict the availability of QMs for 
retirees or those with irregular income streams. Industry 
representatives that we met with also indicated that some retirees 
might have small incomes but substantial assets to draw upon to meet 
their mortgage obligations and that individuals with irregular 
incomes, such as seasonal workers, could have trouble meeting income 
documentation requirements. As a result, some creditworthy borrowers 
might be prevented from obtaining QMs. 

Representatives from several construction and mortgage industry 
associations stated that the QM criteria could restrict new home 
construction and mortgage refinancing. They said that the QM criteria 
could make qualifying for a mortgage more difficult for some 
borrowers, reducing demand for newly constructed homes. In addition, 
officials from two mortgage industry associations stated that the QM 
criteria could make it more difficult or expensive for some existing 
homeowners to refinance their mortgages. In particular, the QM 
criteria could affect homeowners who did not qualify for a QM or who 
could not take advantage of "streamlined refinance" programs--which 
allow qualified borrowers to refinance with their existing lenders 
with less than full documentation and with reduced fees--because of 
Dodd-Frank Act requirements for full documentation of borrower income 
and assets.[Footnote 51] 

Finally, a number of mortgage industry representatives expressed 
concerns about the extent to which QMs would protect lenders from 
legal claims by borrowers that the originating lenders had not 
complied with the Dodd-Frank Act's ability-to-repay standard. Although 
the Dodd-Frank Act provides some measure of protection from liability 
for lenders of QMs, industry representatives we spoke with told us 
that it was unclear whether that protection was intended to be a legal 
"safe harbor" from liability--an interpretation they favored--or a 
"rebuttable presumption of compliance" with the ability-to-repay 
standard. A rebuttable presumption would allow borrowers to overcome 
the presumption of compliance by providing evidence that the lender 
did not, in fact, make a reasonable and good faith determination of 
the borrower's ability to repay the loan. Consumer group 
representatives told us that they favored this interpretation. 

In April 2011, the Federal Reserve Board issued proposed regulations 
concerning criteria for complying with the ability-to-repay standard, 
including by originating a QM, and that addressed some of the concerns 
related to the DTI ratio, the cap on points and fees, and balloon 
loans. The proposed rules include two alternative definitions of a QM. 
To help decide on a final definition, the Federal Reserve Board is 
soliciting public comments on these two alternatives and invites 
proposals for other definitions. The first alternative in the proposed 
rule operates as a legal safe harbor and includes all of the QM 
criteria described in the Dodd-Frank Act, with the exception of the 
DTI ratio. The rules note that due to the discretion inherent in 
making DTI ratio calculations, a requirement to consider the DTI ratio 
would not provide certainty that a loan is a QM. The second 
alternative provides a rebuttable presumption of compliance and 
includes the QM criteria identified under the first alternative, as 
well as other underwriting criteria--including consideration of 
borrower DTI ratio or residual income, employment status, simultaneous 
loans, current debt obligations, and credit history--drawn from the 
Dodd-Frank Act's ability-to-repay standard. The proposed rules also 
describe adjustments to and exclusions from the 3 percent cap on 
points and fees (including for smaller loans) and the restrictions on 
balloon payments for rural and underserved areas. 

Regulatory Decisions and Other Factors Will Influence the Effect of a 
Risk Retention Requirement on the Mortgage Market: 

The risk retention requirement is intended to help align the interests 
of key participants in the securitization market--securitizers, 
lenders, and investors--and encourage sound loan underwriting. The 
requirement mandates that securitizers of RMBS have an economic stake 
in the securities they issue and therefore an incentive to ensure that 
lenders originate well-underwritten mortgages that protect investors 
from losses. Many industry stakeholders and consumer groups noted that 
the implications of such a requirement would depend on a variety of 
regulatory decisions and potential changes in the mortgage market. 
These include decisions on the characteristics of QRMs that would be 
exempt from the risk retention requirement, the forms of risk 
retention that would be allowed, the percentage that securitizers 
would be required to hold, and risk-sharing arrangements between 
securitizers and lenders. These factors could affect the availability 
and cost of mortgage credit and the future viability of the private-
label RMBS market. Some market participants and the rulemaking 
agencies noted that risk retention may complement other securitization 
and mortgage reforms, such as those that promote greater transparency 
and enforcement of loan underwriting standards. Interactions between a 
risk retention requirement and future changes to the federal 
government's role in housing finance could also affect the cost of 
mortgage credit and the private-label RMBS market. 

Regulatory Decisions on Mortgage Characteristics Will Affect the Scope 
and Implications of the Risk Retention Requirement: 

Mortgage market participants and consumer groups that we interviewed 
indicated that the effect of the risk retention requirement would 
depend in large part on certain regulatory decisions. Rulemaking 
agencies are accepting public comments on proposed risk retention 
regulations through August 1, 2011. Restrictive criteria would limit 
QRMs to mortgages with high credit quality, while less restrictive 
criteria would expand QRMs to include mortgages with a wider range of 
credit quality. Regulators' decisions about the criteria will 
determine the proportion of securitized mortgages that are exempt from 
a risk retention requirement and could affect the availability and 
cost of mortgage credit for non-QRM borrowers. The Dodd-Frank Act 
requires the rulemaking agencies to establish the definition by 
considering mortgage underwriting and product features that historical 
loan performance data indicate result in a lower risk of default. The 
rulemaking agencies are considering a range of features, including LTV 
and DTI ratios. Lower LTV ratios (indicative of larger borrower down 
payments) and lower DTI ratios (indicative of smaller borrower debt 
burdens) would represent more restrictive criteria. 

To illustrate the potential impact of more and less restrictive QRM 
criteria on the mortgage market, we used the CoreLogic data to 
calculate the proportion of mortgages meeting certain LTV thresholds 
and DTI ratio thresholds.[Footnote 52] We compared the percentage of 
mortgages (prime, near-prime, and subprime combined) originated in 
2006 and 2010 with LTV ratios of 80 percent or less (more restrictive 
threshold) to the percentage of mortgages with LTV ratios of 90 
percent or less (less restrictive threshold) (see figure 6). We made 
similar comparisons for mortgages (prime and near-prime only) with 
reported DTI ratios of 36 percent or less (more restrictive) or 41 
percent or less (less restrictive).[Footnote 53] Our analysis showed 
that about 82 percent of the mortgages originated in 2010 had LTV 
ratios of 80 percent or less and that about 91 percent had LTV ratios 
of 90 percent or less. The corresponding percentages of mortgages made 
in 2006, just prior to the housing crisis, with restrictive and less 
restrictive LTV ratios were about 78 percent and about 89 percent 
respectively. 

Figure 6: Proportions of Prime, Near-Prime, and Subprime Mortgages 
Originated in 2006 and 2010 That Would Have Met Different Requirements 
for LTV Ratio: 

[Refer to PDF for image: vertical bar graph] 

Year: 2006; 
LTV ratio less than or equal to 80 percent: 78%; 
LTV ratio less than or equal to 90 percent: 89%. 

Year: 2010; 
LTV ratio less than or equal to 80 percent: 82%; 
LTV ratio less than or equal to 90 percent: 91%. 

Source: GAO analysis of CoreLogic data. 

Note: For this analysis, we excluded government-insured mortgages, 
which typically have low down payments (high LTVs), because the Dodd- 
Frank Act exempts them from the risk retention requirement. For the 
mortgages that are included, we used the CoreLogic variable for LTV 
ratio, which does not take any subordinate liens into account. We did 
not use the variable for combined LTV ratio, which does take 
subordinate liens into account, because it was not reliable. As a 
result, the percentages we report are likely somewhat higher than they 
would have been if we had been able to use combined LTV ratios. The 
CoreLogic database we used for this analysis covers a broad cross- 
section of the mortgage market. However, because of limitations in the 
coverage and completeness of the data, our analysis may not be fully 
representative of the market segments shown. 

[End of figure] 

Further, about 56 percent of the prime and near-prime mortgages 
originated in 2010 with reported DTI ratios met the more restrictive 
DTI threshold of 36 percent or less (see figure 7).[Footnote 54] About 
70 percent of the prime and near-prime mortgages met the less 
restrictive DTI threshold of 41 percent or less. The corresponding 
percentages for mortgages originated in 2006 were about 44 percent and 
about 62 percent respectively. An FHFA analysis of mortgages 
originated in 2009 that were purchased by the enterprises illustrates 
the impact of simultaneously applying multiple criteria in the 
proposed QRM rules (including DTI and LTV thresholds, a requirement 
that mortgage payments pay down principal, and a requirement for full 
documentation).[Footnote 55] FHFA estimated that only about 31 percent 
of these mortgages would have met the proposed QRM criteria they 
examined. FHFA estimated that this percentage was even lower for 
mortgages originated in previous years. 

Figure 7: Proportions of Prime and Near-Prime Mortgages Originated in 
2006 and 2010 That Would Have Met Different Requirements for DTI Ratio: 

[Refer to PDF for image: vertical bar graph] 

Year: 2006; 
DTI ratio less than or equal to 36 percent: 44%; 
DTI ratio less than or equal to 41 percent: 62%. 

Year: 2010; 
DTI ratio less than or equal to 36 percent: 56%; 
DTI ratio less than or equal to 41 percent: 70%. 

Source: GAO analysis of CoreLogic data. 

Note: For this analysis, we excluded government-insured mortgages. 
Percentages reflect only those mortgages for which data were 
available. About 56 percent of the prime and near-prime mortgages from 
2006 in our CoreLogic data sample and 43 percent of the 2010 mortgages 
lacked information on the DTI ratio. We concluded that these mortgages 
were likely not systematically different from mortgages with DTI 
information based on a comparison of the distribution of borrower 
credit scores associated with both groups of mortgages, which showed 
little difference. Additionally, the percentages shown are based on 
reported DTI ratios, which may understate debt obligations or 
overstate income in some cases. As a result, the proportions of 
mortgages we show as meeting the different DTI criteria are likely 
somewhat higher than they would have been if all of the DTI ratios had 
been calculated in a uniform and accurate manner. The CoreLogic 
database we used for this analysis covers a broad cross-section of the 
mortgage market. However, because of limitations in the coverage and 
completeness of the data, our analysis may not be fully representative 
of the market segments shown. 

[End of figure] 

FHFA's findings suggest that relatively restrictive QRM criteria could 
ultimately subject a large proportion of mortgages that are not 
insured or guaranteed by the government to a risk retention 
requirement if the mortgages are securitized. Some mortgage industry 
and consumer representatives we spoke with expressed concern that this 
approach would subject some mortgages with relatively low default 
risks to risk retention and make mortgage credit less affordable for 
many borrowers, because the increased securitization costs would be 
passed on to borrowers in the form of higher mortgage interest rates 
and fees. Several also indicated that a risk retention requirement 
that applied to a broad segment of the market could make 
securitization a less attractive method for financing mortgages. 
Because lenders may rely on securitization (as opposed to bank 
deposits, for example) to provide funds for mortgage lending, actions 
that make securitization more costly could hamper recovery of the 
private-label RMBS market, according to some market participants. 
Additionally, a range of industry stakeholders, including lenders and 
consumer groups, told us that many creditworthy borrowers--
particularly low-and moderate-income households--are not able to make 
a down payment of 20 percent and would therefore not qualify for QRMs 
under the proposed rules. 

However, federal regulators and other industry stakeholders favored 
relatively restrictive QRM criteria and indicated that interest rates 
for non-QRMs would likely be only modestly higher than those for QRMs. 
For example, the Chairman of the FDIC has stated that it is 
appropriate for the QRM definition to be narrowly drawn because QRMs 
are intended to be the exception and not the rule. She said she 
anticipates that QRMs will account for a small part of the mortgage 
market and that mortgages securitized with risk retention or held in 
lender's portfolios will provide more flexible options for borrowers 
who cannot meet the QRM criteria. Further, rulemaking agencies 
indicated that more restrictive QRM criteria could help ensure that a 
sufficient volume of non-QRMs subject to risk retention would be 
available for an active, liquid securitization market for such 
mortgages. Federal regulators have also stressed that historical loan 
performance data show that the mortgage characteristics in the 
proposed QRM definition significantly influence the risk of mortgage 
default. For example, FHFA analyzed mortgages originated from 1997 
through 2009 and purchased by the enterprises. They estimated that of 
the mortgages that would have met all of the other proposed QRM 
criteria, those with LTV ratios of 80 percent or less had 90-day 
delinquency rates that were 2.0 to 3.9 times lower than those with LTV 
ratios greater than 80 percent and less than 90 percent.[Footnote 56] 
Finally, FDIC officials have stated that risk retention should not 
result in substantially higher interest rates for non-QRM borrowers--
less than half a percentage point, according to their estimates--and 
comes with the benefit of safer and sounder lending practices. 
[Footnote 57] They stressed that a 5 percent risk retention 
requirement would increase costs to borrowers only to the extent that 
it exceeded what investors would demand in the absence of the 
requirement. 

Finally, the Dodd-Frank Act exempts government-insured or -guaranteed 
mortgages from the risk retention requirement but does not apply this 
exemption to mortgages backed by the enterprises.[Footnote 58] 
However, rulemaking agencies have proposed that the full guaranty 
provided by the enterprises would satisfy the requirement while these 
institutions are in conservatorship. Some market participants told us 
that in the short term, this provision would limit the impact of a 
risk retention requirement on the availability and cost of mortgage 
credit because most mortgages, including many that would be non-QRMs, 
are currently securitized by the enterprises. However, others have 
argued that the proposed rules would help preserve the enterprises' 
dominant market position by not subjecting them to the costs 
associated with retaining 5 percent of the securities they issue. In 
contrast, FHFA has indicated that requiring the enterprises to hold 5 
percent of their securities would have little impact on the 
enterprises' costs (because they already bear 100 percent of the 
credit risk) and would be inconsistent with federal efforts to reduce 
the mortgage assets held for investments by each enterprise. 

Different Forms of Risk Retention Could Have Different Financial 
Implications: 

Several industry stakeholders we spoke with stated that different 
forms of risk retention could have different implications for 
securitizers' incentives and costs that in turn could affect mortgage 
borrowers differently. The proposed risk retention rules provide 
securitizers with a number of options for meeting the 5 percent risk 
retention requirement, in recognition of the different securitization 
structures and practices that exist for different classes of assets. 
Federal Reserve Board officials said that this flexibility was 
designed to reduce the proposed rules' potential to negatively affect 
the availability and costs of credit. However, it is possible that 
investors in RMBS will demand particular forms of risk retention or 
amounts greater than 5 percent. Stakeholders we spoke with primarily 
discussed two options that illustrate the differences in the potential 
financial impacts of a risk retention requirement on securitizers: 
retention of a tranche or multiple tranches of a securitization that 
are the first to absorb losses ("horizontal" risk retention)--and 
retention of a pro rata portion of each tranche of a security 
("vertical" risk retention).[Footnote 59] 

A number of securitization market participants and regulatory 
officials indicated that retaining a horizontal slice of a 
securitization would potentially provide greater incentives for 
quality loan underwriting and would carry substantially higher capital 
costs than vertical risk retention. Certain regulated securitizing 
institutions, including banks and bank holding companies, are subject 
to risk-based regulatory capital requirements, meaning they must hold 
a minimum level of capital ("capital charges") to cover their risk 
exposures, including assets held on their balance sheets.[Footnote 60] 
Horizontal risk retention would require securitizers to retain an 
economic interest in the part of the security that absorbs losses 
first and carries a higher risk weight under regulatory capital 
requirements.[Footnote 61] One credit rating agency with which we 
spoke saw this approach as an advantage because the securitizers' 
exposure to first losses would create incentives to ensure that the 
mortgages backing the security were well underwritten. However, 
because the high risk weighting would require securitizers to hold a 
substantial amount of capital against the horizontal slice, these 
capital costs would be expected to be passed on to borrowers in the 
form of higher interest rates. Figure 8 illustrates the amount of 
capital a securitizer may have to hold--applying risk-based capital 
charges to each portion of a security--for a 5 percent horizontal 
slice of a hypothetical $750 million RMBS, compared with the 
corresponding amount of capital for a 5 percent vertical slice. In 
this example, the securitizer would have to hold $37.5 million in 
regulatory capital for horizontal risk retention (5 percent of $750 
million--or $37.5 million--times the 100 percent capital charge for a 
first-loss equity tranche). With vertical risk retention, the 
securitizer would hold $2.6 million (the sum of the capital charges 
for 5 percent of each tranche of the security).[Footnote 62] Because 
of anticipated changes in capital requirements and calculations for 
securitization exposures, capital charges for future RMBS may differ 
from this illustrative example.[Footnote 63] 

Figure 8: Illustrative Example of the Implications of Horizontal and 
Vertical Risk Retention on Risk-Based Capital Charges: 

[Refer to PDF for image: illustration] 

Horizontal risk retention: 

Total collateral: $750 million; 
Credit rating: AAA: $637.5 million; 
Credit rating: A: $37.5 million; 
Credit rating: BBB: $37.5 million; 
Equity: $37.5 million. 

Percentage capital charge: 100%; 
Total dollar capital charge: $37.5 million. 

Total capital charge: $37.5 million. 

Vertical risk retention: 

Total collateral: $750 million; 

Credit rating: AAA: $637.5 million (retained part of each tranche); 
Percentage capital charge: 1.60%; 
Total dollar capital charge: $510,000. 

Credit rating: A: $37.5 million (retained part of each tranche)
Percentage capital charge: 4.00%; 
Total dollar capital charge: $75,000. 

Credit rating: BBB: $37.5 million (retained part of each tranche)
Percentage capital charge: 8.00%; 
Total dollar capital charge: $150,000. 

Equity: $37.5 million; 
Percentage capital charge: 100%; 
Total dollar capital charge: $1,875,000. 

Total capital charge: $2.6 million. 

Source: GAO. 

Note: We used the regulatory risk weights that federal banking 
regulators use to calculate the capital charges for horizontal and 
vertical risk retention. Because this example is meant to be 
illustrative, we did not apply all regulatory capital or accounting 
standards that could influence the capital impacts of vertical and 
horizontal risk retention. 

[End of figure] 

Additionally, market participants indicated that interactions between 
horizontal risk retention and recent changes to accounting standards 
for securitizations could increase the cost of securitizing mortgages. 
Securitization typically involves the transfer of assets to an SPE 
that removes assets from the securitizers' balance sheets and ensures 
that investors still receive payments in the event of the bankruptcy 
or failure of the securitizers. In 2009, the Financial Accounting 
Standards Board issued financial accounting statement (FAS) 166, which 
addresses whether securitizations and other transfers of financial 
assets are treated as sales or financings, and FAS 167, which requires 
securitizers or lenders with a controlling financial interest in an 
SPE to "consolidate" the securitized assets on their balance sheets. 
[Footnote 64] Although the need for accounting consolidation would 
depend on the specific characteristics of each securitization 
transaction, added on-balance sheet exposure from any consolidated 
assets would generally result in higher regulatory capital 
requirements for securitizers than if the assets were off-balance 
sheet. A number of securitization market stakeholders indicated that 
securitization could be economically unattractive in cases in which 
accounting consolidation was triggered. 

Vertical risk retention potentially exposes the securitizer to less 
credit risk than horizontal risk retention because it involves 
retaining a portion of every tranche of a security--some of which have 
a relatively low risk of loss--rather than just the tranche in which 
credit losses are concentrated. Vertical risk retention is also 
considered less likely to result in accounting consolidation because 
it potentially represents less of a financial interest in an SPE. 
While the securitizer could therefore have less financial incentive to 
securitize higher-quality mortgages, some market participants 
indicated that vertical risk retention would help to align the 
securitizer's interest with those of investors in each tranche. 
Investor representatives, in particular, noted that when the 
securitizer held only the bottom-most (first-loss) tranche and was 
also the mortgage servicer, it could have an incentive to service the 
mortgages in ways that favored just its tranche rather than all 
tranche holders. For example, because lower tranches absorb initial 
losses, they generally benefit from actions that delay the realization 
of losses from mortgage defaults, which may include extending 
repayment periods and postponing foreclosure. In contrast, senior 
tranches generally benefit from actions that pay down mortgage 
principal as quickly as possible, which may include expeditiously 
foreclosing on a delinquent borrower and selling the foreclosed 
property. Investor representatives indicated that having securitizers 
hold a vertical slice of a security would help to ensure that 
mortgages were serviced equitably for all tranche holders. 

The Implications of a Risk Retention Requirement Will Depend on Other 
Key Regulatory Decisions: 

Implications of a Nonuniform Requirement: 

The Dodd-Frank Act specifies a risk retention requirement for non-QRMs 
of at least 5 percent but authorizes the rulemaking agencies to create 
a different requirement--for example, greater than 0 and less than 5 
percent--for non-QRMs that meet underwriting standards the agencies 
prescribe. In March 2011, the rulemaking agencies proposed a uniform 5 
percent level of risk retention for securitized non-QRMs. In the 
proposed rule, the agencies indicated that they considered 5 percent 
to be a minimum level of risk retention and suggested that levels 
below 5 percent might not provide sufficient incentive for sound 
mortgage underwriting in all circumstances. 

A range of mortgage and securitization industry groups told us that a 
nonuniform requirement would have both advantages and disadvantages, 
some of which have implications for the cost and availability of 
mortgage credit and risks to the mortgage market. On the one hand, 
stakeholders noted that a nonuniform requirement could, in principle, 
be more economically efficient than a uniform requirement because it 
could allow the risk retention amount to be scaled to the risk level 
of the mortgages being securitized. Further, some noted that a 5 
percent requirement could be excessive for non-QRMs with relatively 
low default risk, unnecessarily raising the cost of those mortgages 
and tying up capital that could be used to securitize additional 
mortgages. As previously discussed, some mortgage industry and 
consumer group representatives indicated that if the final QRM 
criteria were highly restrictive, non-QRMs could include some lower-
risk mortgages. On the other hand, industry stakeholders also stated 
that a nonuniform requirement could potentially be difficult to 
develop and enforce. To develop such a requirement, rulemaking 
agencies would have to divide non-QRMs into different categories based 
on risk level and develop an appropriate risk retention percentage for 
each category. Several industry analysts indicated that it would be 
challenging to calibrate a risk retention requirement that finely. 
Additionally, assessing compliance with a requirement that had 
multiple risk categories and retention levels could be more difficult 
than assessing compliance with a uniform requirement. 

Drawing general conclusions about whether a uniform or a nonuniform 
risk retention requirement would be preferable is difficult, for two 
reasons. First, historical and marketwide information about the 
amount, form, and impact of risk retention in the secondary mortgage 
market is limited. Industry stakeholders told us that risk retention 
practices for private-label RMBS varied in terms of the slice (if any) 
of the security that securitizers retained and how long and for what 
purpose they retained it. More specifically, they described a range of 
risk retention practices in the years leading up to the financial 
crisis, including retaining 1 to 3 percent horizontal slices of near-
prime and subprime RMBS and nothing of prime jumbo RMBS. They also 
indicated that when risk retention did occur, some securitizers held 
the retained piece as part of an investment strategy, while others 
sold it soon after issuance of the security. Analysis by FDIC of a 
limited sample of prime and near-prime RMBS deals from 2001 through 
2007 suggests that risk retention levels in the private-label market 
varied considerably, ranging from less than 1 percent to over 8 
percent for the deals they examined. Mortgage and securitization 
industry participants also indicated that a lack of systematic 
marketwide data on these practices had prevented analysis of how 
different practices affected the incentives of market participants and 
the quality of mortgage underwriting. Without this information, it is 
difficult to determine whether a particular level of retained risk 
would be optimal for all non-QRM mortgages or whether varying the 
level depending on the credit quality of the mortgages would better 
achieve the goals of risk retention. Given this uncertainty, the 
requirement may need to be adjusted once regulators have assessed how 
the private-label RMBS market has reacted to it. For example, if a 
uniform 5 percent requirement was perceived as too high for some non-
QRMs and limited the availability of mortgage credit for certain 
borrowers, regulators might want to consider a lower risk retention 
requirement for those mortgages. Alternatively, if the regulation 
established a requirement that was lower than that dictated by 
investors in the market, some increase might be warranted. 

Second, rulemaking agencies have not made final decisions about the 
QRM criteria or other aspects of the risk retention requirement, and 
these decisions could influence whether a uniform standard would be 
more appropriate. For example, a nonuniform requirement could be more 
appropriate if the final QRM definition were restrictive (i.e., 
limited to mortgages of very high credit quality), because non-QRMs 
would potentially include mortgages with a wide range of credit risks. 
Conversely, a uniform requirement could be more appropriate if the QRM 
definition were less restrictive, because non-QRMs would potentially 
encompass a narrower range of credit risks. 

Implications of Risk-Sharing for Lenders: 

The Dodd-Frank Act places the responsibility for retaining risk on 
securitizers but authorizes rulemaking agencies to require that 
lenders share the risk retention obligations.[Footnote 65] The 
proposed rules do not require lenders to retain risk but would permit 
a securitizer to allocate a portion of its risk retention requirement 
to any lender that contributed at least 20 percent of the underlying 
assets in the pool. Additionally, the proportion of risk retained by 
each lender could not exceed the percentage of the securitized assets 
it originated, and the lender would have to hold its allocated share 
in the same manner (e.g., vertical or horizontal) as the securitizer. 

The impact of the risk retention requirement on lenders will depend, 
in part, on how the risk retention requirement is shared.[Footnote 66] 
If lenders are required to share risk (either directly by regulation 
or indirectly though an allocation from a securitizer), they would 
have to hold capital against this risk exposure.[Footnote 67] Several 
mortgage industry representatives indicated that smaller lenders, such 
as independent mortgage companies and small community banks, could 
lack sufficient capital resources to share risk retention obligations 
or hold non-QRMs that were not securitized on their balance sheets. 
[Footnote 68] A few of the mortgage and securitization market 
participants we spoke with said that, in contrast, large lenders had 
the financial capacity to share risk retention obligations with 
securitizers or hold non-QRMs on their balance sheets, giving these 
lenders an advantage over smaller lenders that could ultimately reduce 
competition in mortgage lending. While acknowledging some of these 
concerns, the rulemaking agencies have estimated that the proposed 
requirement would not have a significant impact on a substantial 
number of small banking institutions, at least under current market 
conditions. They cited data indicating that small lenders generally 
did not securitize mortgages themselves, did not contribute 20 percent 
or more of the mortgages to private-label securitizations, and 
primarily securitized mortgages through the enterprises. A number of 
market participants noted that even if lenders were not required to 
share risk in the manner prescribed by the Dodd-Frank Act, 
securitizers could be expected to take steps to transfer the cost of 
risk exposure by paying lenders less for the mortgages they sold or 
requiring additional collateral to ensure the underwriting quality of 
the mortgages. However, others noted that lenders would pass this cost 
on to borrowers and that the cost would likely be marginal. 

A Risk Retention Requirement Will Complement or Interact With Other 
Efforts to Reform Housing Finance: 

Risk retention is a part of legislative and regulatory efforts to 
reduce undisclosed risks to the overall credit market by addressing 
the weaknesses in the securitization process that contributed to the 
housing crisis. The risk retention requirement complements other parts 
of the Dodd-Frank Act that are intended to improve the securitization 
markets, as well as existing mechanisms to encourage lenders to sell 
high-quality loans. For example, the Dodd-Frank Act requires issuers 
of asset-backed securities, including RMBS, to conduct reviews of the 
assets underlying the securities and disclose the nature of the 
reviews.[Footnote 69] 

The Dodd-Frank Act also requires credit rating agencies and 
securitizers of residential mortgages (and other assets) to publicly 
disclose information about representations and warranties--the 
assertions lenders make about a loan's underwriting standards and 
contractual obligations to refund the value of the loan if the 
assertions later prove to be untrue. Representations and warranties 
existed prior to the mortgage crisis, and in some cases lenders failed 
to repurchase loans that violated these terms because they could not 
afford to and subsequently went out of business. Several market 
participants and researchers told us that these mechanisms would be 
more effective if they were better monitored and enforced, possibly by 
using third parties to verify loan information or requiring that 
originators demonstrate the financial ability to honor warranties and 
repurchase requests. The Dodd-Frank Act requires credit rating 
agencies to disclose the representations, warranties, and enforcements 
available to investors when the agency issues a credit 
rating.[Footnote 70] Securitizers are required to disclose fulfilled 
and unfulfilled repurchase requests so that investors can identify 
lenders' records related to such requests. In addition, a trade 
association representing the securitization industry has an ongoing 
effort to make representations and warranties for RMBS more 
standardized and transparent. 

The risk retention requirement will also interact with efforts to 
reduce the federal government's role in mortgage finance, which could 
have implications for mortgage borrowers and the private-label RMBS 
market. Mortgages backed by the enterprises and FHA currently dominate 
the mortgage market, and the private-label RMBS market is largely 
dormant. However, the administration and Congress are considering 
options that would diminish the federal role and help transition to a 
more privatized market by winding down the enterprises and reducing 
the size of FHA.[Footnote 71] Several mortgage market participants 
indicated that in the long run, if the enterprises were eliminated or 
their activities scaled back, more non-QRMs would be subject to risk 
retention, potentially raising the cost of these mortgages for 
borrowers. Potential changes in FHA's role also could influence how a 
risk retention requirement would affect mortgage borrowers. In 
addition to non-QRMs, FHA-insured mortgages, which are exempt from 
risk retention, are a potential alternative for borrowers who may not 
qualify for mortgages that do not meet the QRM criteria. FHA borrowers 
often make down payments that are low (generally less than 5 percent) 
compared with the 20 percent that has been proposed as the QRM down 
payment requirement for home purchase mortgages.[Footnote 72] However, 
in recent years, FHA has tightened its underwriting standards and 
raised insurance premiums as it tries to reduce its market share and 
strengthen its financial condition. For example, beginning in 2010 FHA 
began requiring borrowers with lower credit scores to make larger down 
payments. Additionally, FHA is considering further steps, such as 
increasing down payment requirements more broadly. As a result, FHA 
may not provide mortgage alternatives for as many non-QRM borrowers as 
it would have in the past. 

While Housing Counseling and High-Cost Lending Provisions May Enhance 
Borrower Protections, Specific Impacts Are Unknown: 

HUD has initiated plans to establish an Office of Housing Counseling, 
as required under the Dodd-Frank Act.[Footnote 73] HUD already 
performs a number of activities that are consistent with the new 
office's authorized functions and plans to move these functions into 
the new office. Industry and consumer groups we spoke with identified 
opportunities for the counseling office to enhance HUD's role in 
housing counseling, but the financial resources for the office are 
uncertain. Findings from the limited research available on housing 
counseling are mixed, with some studies suggesting that some types of 
counseling can improve mortgage outcomes and others finding no effect. 
The Dodd-Frank Act supports another consumer protection by changing 
the definition of high-cost loans under HOEPA. This change could 
prevent some high-cost lending, although whether the definition would 
affect mortgages currently available to consumers is unclear. 

HUD Is Creating a New Office for Its Housing Counseling Activities, 
but Funding Is Uncertain: 

To enhance consumer protections for homebuyers and tenants, the Dodd- 
Frank Act requires HUD to establish an Office of Housing Counseling. 
This office will perform a number of functions related to 
homeownership and rental housing counseling, including establishing 
housing counseling requirements, standards, and performance measures; 
certifying individual housing counselors; conducting housing 
counseling research; and performing public outreach. The office is 
also mandated to continue HUD's role in providing financial assistance 
to HUD-approved counseling agencies in order to encourage successful 
counseling programs and ensure that counseling is available in 
underserved areas. 

Currently, HUD's housing counseling program operates out of the 
Program Support Division within the Office of Single-Family Housing. 
[Footnote 74] HUD supports housing counseling through the division in 
two ways. First, it approves and monitors housing counseling agencies 
that meet HUD criteria and makes information about these agencies 
available to consumers on HUD's Web site. According to HUD officials, 
as of May 2011, about 2,700 counseling agencies were HUD-approved. 
Second, HUD annually awards competitive grants to approved agencies to 
help them carry out their counseling efforts. HUD's housing counseling 
program provides funding for the full spectrum of housing counseling, 
including prepurchase counseling, foreclosure mitigation counseling, 
rental housing counseling, reverse mortgage counseling for seniors, 
and homeless assistance counseling. HUD-approved agencies report to 
HUD on the type the number and type of service interactions (e.g., 
counseling sessions) they have with clients. Self-reported data on 
homeownership counseling conducted by these agencies indicate that 
service interactions for foreclosure mitigation counseling rose from 
about 171,000 in 2006 to more than 1.4 million in 2010, while service 
interactions for prepurchase counseling declined from about 372,000 to 
about 245,000 over the same period.[Footnote 75] 

Besides these two main functions, the Program Support Division and 
other HUD staff perform other counseling-related activities, some of 
which are similar to the functions the Dodd-Frank Act requires of the 
new counseling office. For example, HUD has developed standards and 
protocols for reverse mortgage counseling, certifies individual 
reverse mortgage counselors, is conducting research on the impact of 
homeownership counseling, and recently launched a public awareness 
campaign on loan modification scams. 

A working group within HUD is in the process of developing a plan for 
the new counseling office. According to HUD officials, the primary 
change needed to create the new office is the reassignment of the 
approximately 190 staff who spend most of their time on housing 
counseling activities but also have other responsibilities. HUD 
expects the new office to consist of approximately 160 full-time staff 
members. In order to move forward with the establishment of the office 
and the appointment of a Director of Housing Counseling, HUD must 
submit a plan to Congress for approval. 

HUD officials told us that the new counseling office would have 
advantages over their current organizational structure. They indicated 
that having dedicated resources, staff, and leadership would raise the 
profile of the housing counseling function and help the agency build a 
more robust capacity in this area. One official noted that getting 
sufficient information technology resources for housing counseling had 
been difficult and said that a separate counseling office might be 
able to compete more effectively with other parts of the agency for 
these resources. HUD officials also indicated that the new office 
would be organized to help the agency better anticipate and respond to 
changing counseling needs and improve interaction with counseling 
industry stakeholders. For example, the officials said that the new 
office would be organized around functional areas such as policy, 
training, and oversight, making it easier for industry stakeholders to 
direct their questions or concerns to the appropriate HUD staff. 
Additionally, HUD officials told us that the office would work with 
the CFPB's Office of Financial Literacy in the future to coordinate 
the housing counseling activities of both organizations. 

Mortgage industry participants, consumer groups, and housing 
researchers we spoke with were supportive of the new housing 
counseling office and believed that it offered opportunities to 
enhance HUD's role in the housing counseling industry. For example, 
some of the consumer groups stated that the office could help 
standardize counseling practices and publicize best practices, further 
elevating and professionalizing the counseling industry. In addition, 
representatives from several of the consumer groups and researchers we 
met with stated that the office could help enhance coordination among 
counseling agencies by providing opportunities for improved training, 
networking, and communication. Furthermore, they said that the office 
could potentially support improved data collection for research on the 
impact of housing counseling. 

Budget constraints could delay the establishment of the new counseling 
office and reduce the scale of HUD's housing counseling activities. 
Although the Dodd-Frank Act authorized $45 million per year for fiscal 
years 2009 through 2012 for the operations of the new office, HUD had 
not received any appropriations for this purpose as of May 2011. In 
addition, appropriations for fiscal year 2011 eliminated HUD's housing 
counseling assistance funds, which are primarily grant funds for 
approved counseling agencies.[Footnote 76] According to a HUD 
official, as a result of this funding reduction, HUD is revising its 
proposal for the new counseling office and is unable to estimate when 
it will submit the proposal to Congress. HUD officials said they would 
begin the awards process for about $10 million in unspent fiscal year 
2010 counseling assistance funds in May 2011 but expressed concern 
that some counseling agencies would run out of funds soon and might 
not receive additional HUD funding until well into fiscal year 2012. 
Housing counseling groups we spoke with said that the cuts in HUD 
funding, which they use to leverage private funds, ultimately could 
result in fewer counseling services for prospective and existing 
homeowners unless private funds make up the difference.[Footnote 77] 

Findings from the Limited Research Available on Homeownership 
Counseling Are Mixed: 

Empirical research on outcomes for homeownership counseling is 
limited, with some studies suggesting that foreclosure mitigation 
counseling can be effective in improving mortgage outcomes (e.g., 
remaining current on mortgage payments versus defaulting or losing the 
home to foreclosure).[Footnote 78] However, findings on prepurchase 
counseling are less clear. Considered to be one element of financial 
literacy, these types of homeownership counseling are based on the 
idea that providing information and advice can help consumers make 
better decisions about home purchases and maintenance and work more 
successfully with lenders and mortgage servicers to obtain loan 
modifications or refinancing. 

Conducting research on homeownership counseling outcomes is 
challenging for a variety of reasons, and limitations in the 
methodologies used in existing studies make it hard to generalize the 
results. According to housing counseling researchers we spoke with, 
the primary barrier in the study of housing counseling is a lack of 
data. Long-term data on counseling outcomes are limited because of the 
difficulty of tracking counseling recipients after the counseling 
ends. In addition, many counseling agencies are hesitant to request 
sensitive personal information from clients. One researcher we spoke 
with told us that the ability to track loan performance over time is 
critical to an effective assessment of housing counseling programs. 
For this reason, some counseling researchers have begun working with 
lenders and mortgage servicers to access information on the payment 
status (e.g., current or delinquent) of counseling recipients and the 
long-term outcomes of their mortgages. 

Another limitation of the current research is the lack of experimental 
research design, which is considered the best approach for evaluating 
differences in an intervention such as counseling and comparing it to 
no intervention.[Footnote 79] Studies that employ experimental designs 
are often difficult and costly to conduct. We did not identify any 
published studies that evaluated homeownership counseling using an 
experimental design. Further, researchers have not been able to 
overcome another inherent limitation: the fact that consumers choose 
counseling themselves, generally voluntarily, and those who choose 
counseling may differ in unknown ways from those who do not.[Footnote 
80] Both of these issues make researchers hesitant to draw firm 
conclusions from the published literature. Finally, differences among 
counseling programs--in terms of curriculum, intervention method 
(e.g., one-on-one, telephone, classroom), level of intervention (e.g., 
intensity or amount of time spent counseling), and outcome measures-- 
also make it difficult to draw general conclusions about the impact of 
housing counseling. A selected bibliography of research we reviewed on 
outcomes for prepurchase and foreclosure mitigation counseling appears 
at the end of this report. 

The limited body of evidence available is not conclusive on the impact 
of all types of housing counseling. However, recent research on 
foreclosure mitigation counseling suggests that it can help struggling 
mortgage borrowers avoid foreclosure and prevent them from lapsing 
back into default, especially if counseling occurs early in the 
foreclosure process. A 2010 evaluation of the National Foreclosure 
Mitigation Counseling (NFMC) Program found that homeowners who 
received counseling under the program were more likely to receive loan 
modifications and remain current after counseling, compared with a 
group of non-NFMC borrowers with similar observable characteristics. 
[Footnote 81] Specifically, the authors estimated that borrowers who 
received NFMC counseling were 1.7 times more likely to "cure" their 
foreclosure (i.e., be removed from the foreclosure process by their 
mortgage servicer) than borrowers who did not receive NFMC counseling. 
The authors also estimated that loan modifications received by NFMC 
clients in the first 2 years of the program resulted in monthly 
mortgage payments of $267 less on average than what they would have 
paid without the help of the program. Additionally, the study found 
that for borrowers counseled in 2008, the relative odds of bringing 
their mortgages current were an estimated 53 percent higher if they 
received counseling prior to receiving a loan modification than if 
they did not receive NFMC counseling. Other studies of foreclosure 
prevention counseling have also found that the timing of the 
counseling was critical and that the earlier in the foreclosure 
process borrowers received counseling, the more likely they were to 
have a positive outcome.[Footnote 82] 

The findings on prepurchase counseling are less clear. For example, a 
2001 study analyzed data on the performance of about 40,000 mortgages 
made under a Freddie Mac program for low-to moderate-income 
homebuyers, a large majority of whom received prepurchase counseling. 
[Footnote 83] The authors compared the loan performance of program 
participants who received different types of prepurchase counseling to 
the loan performance of participants who did not. The study found that 
borrowers who underwent individual and classroom counseling were 34 
and 26 percent less likely, respectively, to become 90 days delinquent 
on their mortgages than similar borrowers who did not undergo 
counseling.[Footnote 84] However, subsequent studies have found either 
no effect on loan performance or effects that were potentially 
attributable to other factors. For example, a 2008 study of about 
2,700 mortgage borrowers found that prepurchase counseling had no 
effect on a borrower's propensity to default.[Footnote 85] A 2009 
study examined a legislated pilot program in 10 Illinois ZIP codes 
that mandated prepurchase counseling for mortgage applicants whose 
credit scores were relatively low or who chose higher-risk mortgage 
products such as interest-only loans. Although the authors found that 
mortgage default rates for the counseled low-credit score borrowers 
were lower than those for a comparison group, the authors attributed 
this result primarily to lenders tightening their screening of 
borrowers in response to stricter regulatory oversight.[Footnote 86] 

Additional empirical research on the impact of housing counseling is 
under way at HUD and Fannie Mae. HUD's Office of Policy Development 
and Research issued a broad overview of the housing counseling 
industry in 2008 and is currently conducting two studies on mortgage 
outcomes related to foreclosure mitigation and prepurchase counseling 
programs.[Footnote 87] The foreclosure mitigation study will follow 
880 individuals and evaluate mortgage outcomes 12 months after 
counseling ends. HUD officials said that they expected the study to be 
published in 2012. The prepurchase counseling study will use an 
experimental design and will track 1,500 to 2,000 individuals who 
receive different types of counseling (one-on-one, group, Internet, or 
telephone) or no counseling. HUD officials said they expected data 
collection for this study to begin in 2012. In addition, Fannie Mae is 
conducting both prepurchase and postpurchase counseling studies. 
According to Fannie Mae officials, the prepurchase study will track 
over a 2-year period the loan performance of borrowers who received 
counseling prior to purchasing a home. The postpurchase study will 
evaluate the impact of telephone counseling on existing homeowners who 
receive loan modifications through the Department of the Treasury's 
Home Affordable Modification Program.[Footnote 88] 

Expanded HOEPA Provisions Could Protect Homebuyers by Providing 
Additional Restrictions For High-Cost Lending: 

As previously noted, HOEPA regulates and restricts the terms and 
characteristics of mortgages that exceed specified APR and fee 
triggers. For these "high-cost loans," HOEPA requires enhanced 
preclosing disclosures to borrowers, restricts certain loan contract 
terms, and imposes penalties on lenders for noncompliance. In 
addition, HOEPA imposes liabilities on purchasers or securitizers 
("assignees") of high-cost loans for violations of law committed by 
the mortgage originators.[Footnote 89] Because of the associated 
penalties and liabilities, lenders have generally avoided making high-
cost loans, and the secondary market for these loans has been 
negligible. Data collected under the Home Mortgage Disclosure Act 
(HMDA) indicate that in 2004 (the first year for which marketwide data 
on high-cost loans are available), lenders reported making 23,000 high-
cost loans, which accounted for only 0.003 percent of all the 
originations of home-secured refinance or home improvement loans 
reported for that year.[Footnote 90] The number of reported high-cost 
loans rose to about 36,000 in 2005 but fell every year thereafter. In 
2009, the most current year for which HMDA data are available, these 
loans numbered only 6,500, which, in aggregate, made up less than 0.1 
percent of all the originations of home-secured refinancing and home 
improvement loans reported for that year. 

The Dodd-Frank Act expanded the definition of high-cost mortgages in 
several ways. Prior to the Dodd-Frank Act, the definition of such 
loans applied only to refinance loans and closed-end home equity loans 
(e.g., home improvement loans) secured by the borrower's principal 
dwelling. 

However, the Dodd-Frank Act expanded the definition of high-cost 
mortgages by: 

* Applying the high-cost triggers to a wider range of loan types, 
including mortgages for purchasing a home, open-end loans, and any 
other home-secured loan other than a reverse mortgage. 

* Lowering the APR trigger from 8 percentage points to 6.5 percentage 
points over the average prime offer rate for first liens, and from 10 
percentage points to 8.5 percentage points over the average prime 
offer rate for subordinate liens.[Footnote 91] 

* Lowering the points and fees trigger from 8 percent to 5 percent of 
the total loan amount and banning the financing of points and fees. 
[Footnote 92] 

* Adding a third trigger for prepayment penalties extending beyond 36 
months from mortgage closing or exceeding 2 percent of the outstanding 
balance of the mortgage. 

In addition, the Dodd-Frank Act prohibits prepayment penalties for 
high-cost loans and requires that borrowers undergo counseling with a 
HUD-approved counselor before taking out a high-cost loan. 

Data limitations make assessing the potential impact of the new 
definition difficult, but the views of industry stakeholders and prior 
research provide some useful perspectives. Additional information 
would be needed to assess the extent to which the new definition would 
affect mortgages currently available to consumers. As we have 
previously reported, marketwide data on APRs, points, and fees are not 
readily available to researchers.[Footnote 93] As a result, 
determining the proportion of mortgages made in recent years that 
might have met the new high-cost triggers is difficult. Industry 
stakeholders we spoke with indicated that the new definition of high-
cost loans would further expand disincentives for originating 
mortgages with potentially predatory terms and conditions. 
Additionally, they said that lenders would likely continue to avoid 
offering high-cost loans because the strict penalties and liabilities 
attached to these loans make them risky to originate and difficult to 
securitize. In prior work, we examined research on the impact of state 
and local anti-predatory lending laws--some of which are similar to 
HOEPA--on subprime mortgage markets. This research provides some 
evidence that anti-predatory lending laws can have the intended effect 
of reducing loans with problematic features without substantially 
affecting credit availability.[Footnote 94] 

Implementing mortgage-related provisions in the Dodd-Frank Act will 
involve tradeoffs between providing consumer protection and 
maintaining credit availability. Additionally, potential interactions 
with plans to scale back government involvement in the mortgage market 
and expand the role of private capital add complexity to 
implementation efforts. Limited data and research show that certain 
provisions could provide benefits to homebuyers and the larger 
mortgage market. However, the ultimate impact of the Dodd-Frank Act's 
mortgage-related requirements is not yet known and will depend, in 
part, on regulatory actions, decisions to fund housing counseling, and 
mortgage market adjustments that have not yet occurred. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to the Federal Reserve Board, FDIC, 
FHFA, OCC, OTS, NCUA, HUD, and SEC for their review and comment. We 
received written comments from the Chairman of the NCUA that are 
reprinted in appendix III. We also received technical comments from 
the Federal Reserve Board, FDIC, FHFA, HUD, OCC, and SEC, which we 
incorporated as appropriate. OTS did not provide comments on the draft 
report. 

In its written comments, NCUA indicated, as we do, that the impact of 
the Dodd-Frank Act would depend on regulatory decisions that had yet 
to be made. NCUA also said that while our report found that most 
mortgages would have met individual QM criteria, applying the criteria 
simultaneously would narrow the population of loans that would qualify 
as QMs. While this is a reasonable conclusion, as stated in our 
report, we were unable to determine the proportion of mortgages 
meeting all of the QM criteria we examined because of limitations in 
the data (e.g., missing or unreliable values) available for our 
analysis. We added language to the report to clarify the impact of 
these limitations on our analysis. 

With respect to rulemaking efforts, NCUA expressed concern about the 
lack of a mechanism for non-QMs to receive QM status after some period 
of performance given the potential difficulty some borrowers, 
including those of modest means, may have in meeting the QM criteria. 
NCUA suggested that creating such a mechanism could help achieve the 
goal of protecting borrowers from unsustainable mortgage products 
while maintaining broad access to mortgage credit. 

We are sending copies of this report to the appropriate congressional 
committees, the Chairman of FDIC, the Chairman of the Federal Reserve 
Board, the Acting Director of FHFA, the Secretary of Housing and Urban 
Development, the Chairman of NCUA, the Acting Comptroller of the 
Currency, the Chairman of SEC, the Acting Director of OTS, the Bureau 
of Consumer Financial Protection, and other interested parties. In 
addition, the report is available at no charge on the GAO Web site at 
[hyperlink, http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact me at (202) 512-8678 or shearw@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. Key contributors to this report are 
listed in appendix IV. 

Signed by: 

William B. Shear: 
Director, Financial Markets and Community Investment: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

Our objectives were to (1) assess the proportions of mortgages 
originated from 2001 through 2010 that would have met selected 
qualified mortgage (QM) criteria specified in the Dodd-Frank Wall 
Street Reform and Consumer Protection (Dodd-Frank Act) and describes 
the views of mortgage industry stakeholders on the potential effects 
of the QM criteria on the mortgage market, (2) discuss relevant 
information and the views of mortgage industry stakeholder on the 
potential impact of a risk retention requirement on the mortgage 
market and discuss the advantages and disadvantages of a uniform risk 
retention requirement, and (3) describe what research and the views of 
mortgage industry stakeholders suggest about the potential impact of 
provisions in the Dodd-Frank Act regarding homeownership counseling 
and changes to the Home Ownership Equity Protection Act (HOEPA). 

Assessment of Qualified Mortgage Criteria: 

To assess the proportions of recent loans that would likely have met 
selected QM criteria, we reviewed relevant statutory provisions and 
proposed rules to implement those provisions. We applied the QM 
criteria to mortgages in a proprietary loan-level servicing database 
from CoreLogic, Inc. This database contains information from major 
mortgage servicers and covers a broad cross-section of the mortgage 
market. For example, CoreLogic estimates that for the period we 
examined, the database captures 60 to 65 percent of the mortgages 
purchased by Fannie Mae and Freddie Mac (the enterprises), 
approximately 50 percent of subprime mortgages, and about 90 percent 
of mortgages with government insurance or guarantees. Nevertheless, 
because of limitations in the coverage and completeness of the data, 
our analysis may not be fully representative of the mortgage market as 
whole. For our analysis, we used a random 10 percent sample of the 
database that amounted to about 6.6 million mortgages for the 2001 
through 2010 period. Our sample included purchase and refinance 
mortgages and mortgages to owner-occupants and investors, and excluded 
second-lien mortgages. We assessed the reliability of the CoreLogic 
data by interviewing CoreLogic representatives about the methods the 
firm used to collect and ensure the integrity of the information. We 
also reviewed supporting documentation about the database. In 
addition, we conducted reasonableness checks on the data to identify 
any missing, erroneous, or outlying figures. We concluded that the 
data elements we used in this objective and the following objective 
were sufficiently reliable for our purposes. 

We focused on mortgages originated from 2001 through 2010 to provide 
insight into the potential effects of the Dodd-Frank Act's provisions 
under different market conditions and lending environments. We applied 
each QM criterion separately, calculating the proportion of mortgages 
in each annual loan origination cohort that likely would have met the 
criterion. We were unable to determine the proportion of mortgages 
that would have met all of the criteria we examined due to the number 
of records in the database that had missing or unreliable values for 
one or more of the criteria. For example, the database contained no 
information on DTI ratio for subprime mortgages and did not have 
reliable information on documentation of borrower income and assets. 
As a result, we determined that applying the criteria simultaneously 
would not have produced reliable results. Because the CoreLogic data 
group mortgages into two broad categories--one containing prime, near-
prime, and government-insured loans and another containing subprime 
loans--we examined these categories separately when possible. 

The data did not contain information needed to examine all of the QM 
criteria specified in the Dodd-Frank Act. As a result, our analysis 
focused on five of the nine QM criteria specified in the Dodd-Frank 
Act for which sufficient data, including data from the CoreLogic 
database, were available. These criteria were: 

* regular periodic payments do not result in an increase in the 
principal balance or result in a deferral of the repayment of 
principal; 

* the loan term does not exceed 30 years; 

* except for balloon loans under specified circumstances, the mortgage 
does not include balloon payments; 

* borrower income and financial resources are verified and documented; 
and: 

* the loan complies with guidelines or regulations established by the 
Board of Governors of the Federal Reserve System (Federal Reserve 
Board) relating to ratios of total monthly debt to monthly income 
(e.g., debt service-to income (DTI) ratio). 

In general, for each year from 2001 through 2010, we identified the 
proportion of mortgage originations that would have met the individual 
criteria. We were not able to calculate relevant proportions for 
certain years and mortgage market segments due to data limitations. 
For example, because few subprime mortgages were originated after 
2007, we only present data for 2001 through 2007 for that market 
segment. Regarding the criterion for repayment of principal, our 
analysis focused on mortgages with negative amortization features. Our 
analysis does not account for interest-only mortgages because most 
loan records in the CoreLogic data had missing values for the interest-
only indicator. The Dodd-Frank Act does not contain a specific 
threshold for DTI ratio and leaves that decision to rulemakers. For 
illustrative purposes, we used the 41 percent ratio that is used as a 
guideline for underwriting mortgages insured by the Federal Housing 
Administration (FHA). The CoreLogic database did not contain 
information on DTI for any subprime mortgages, nor for many prime, 
near-prime, and government-insured mortgages. Because DTI information 
was missing for the large majority of mortgages originated in 2001 and 
2002, we only present DTI data for 2003 through 2010. For the latter 
period, about 53 percent of the mortgages in the CoreLogic data sample 
did not have DTI information. We concluded that those mortgages were 
likely not systematically different from mortgages with DTI 
information based on a comparison of the distribution of borrower 
credit scores associated with both groups of mortgages, which showed 
little difference. Additionally, our analysis was based on reported 
DTI ratios, which may understate debt obligations or overstate income 
in some cases. As a result, the proportions of mortgages we show as 
meeting the criterion are likely somewhat higher than they would have 
been if all of the DTI ratios had been calculated in a uniform and 
accurate manner. To examine the subprime market segment, we drew upon 
information from a prior analysis we conducted of mortgage 
characteristics using a separate CoreLogic database that captures a 
large majority of subprime mortgages.[Footnote 95] We also examined a 
fifth QM criterion in the Dodd-Frank Act--documentation of borrower 
income and assets--using information from that prior analysis, data 
from the Federal Housing Finance Agency (FHFA) on mortgages purchased 
by the enterprises, and information on FHA policies concerning 
borrower documentation. (Although the CoreLogic database contained 
information on documentation level, we determined that it was not 
sufficiently reliable for our purposes.) For certain QM criteria 
(repayment of principal, loan term, balloon payment, and DTI ratio), 
we performed a similar analysis by geographic groupings based on 
racial, ethnic, income, and house price patterns. Appendix II contains 
the results and methodology for this analysis. Data limitations 
prevented us from assessing three of the remaining four QM criteria 
contained in the Dodd-Frank Act--specifically, those relating to 
interest rates used for underwriting adjustable-rate mortgages, 
consideration of applicable taxes and insurance in underwriting, and 
limitations on points and fees. We were not able to examine the fourth 
criterion concerning reverse mortgages because the Federal Reserve 
Board did not establish QM standards for them. In proposed 
regulations, the Federal Reserve Board indicated that QM requirements 
were not relevant to reverse mortgages because the Dodd-Frank Act does 
not subject reverse mortgages to the ability-to-repay requirement. 

To obtain additional information and views on the potential effects of 
the QM criteria specified in the Dodd-Frank Act, we reviewed relevant 
research literature and conducted interviews with nearly 40 individual 
mortgage and securitization industry stakeholders. These stakeholders 
included representatives from financial services companies (major 
mortgage lenders and mortgage securitizers); groups representing 
mortgage lenders, brokers, securitizers, and investors; groups 
representing consumer interests; and academics. Additionally, we 
interviewed officials from the Federal Reserve Board, Office of the 
Comptroller of the Currency (OCC), Federal Deposit Insurance 
Corporation (FDIC), Office of Thrift Supervision (OTS), National 
Credit Union Administration (NCUA), Department of Housing and Urban 
Development (HUD), and FHFA. We also reviewed testimonies and 
published papers from these stakeholders that documented their views. 

Assessment of Risk Retention Requirement: 

To assess the potential impact of the Dodd-Frank Act's risk retention 
requirement on the mortgage market, we reviewed relevant statutory 
provisions and proposed rules to implement those provisions. We also 
reviewed available information on mortgage securitization practices 
prior to the financial crisis and factors that may affect the impact 
of the risk retention requirement, including information from two 
other studies on risk retention required by the Dodd-Frank Act from 
the Federal Reserve Board and the Financial Stability Oversight 
Council. To assess the implications of interactions between the risk 
retention requirement and other mortgage market and securitization 
reforms, we reviewed other provisions in the Dodd-Frank Act intended 
to improve the securitization process and information on proposed 
changes to the federal government's role in housing finance. 

Because the risk retention regulations were being developed during the 
course of our audit work, we interviewed the key private sector 
mortgage and securitization industry stakeholders mentioned previously 
as well as representatives from two credit rating agencies to obtain 
views on the potential impact of a risk retention requirement. We 
obtained their views on how regulatory decisions regarding the form 
and coverage of the requirement may affect the availability and cost 
of mortgage credit for borrowers and the viability of a private-label 
residential mortgage-backed securities (RMBS) market. Additionally, we 
interviewed officials from the previously cited federal agencies and 
the Securities and Exchange Commission (SEC) and reviewed their 
research, testimonies, and other public statements on risk retention. 
We also reviewed comment letters, testimonies, and published papers 
from these stakeholders that documented their views. 

To illustrate the potential impact of regulatory decisions regarding 
the coverage of the risk retention requirement, we used the CoreLogic 
data to examine selected criteria (loan-to-value (LTV) ratio and DTI 
ratio) being considered by regulators as part of the qualified 
residential mortgage (QRM) rulemaking. We included only conventional 
mortgages in the analysis because mortgages that are insured or 
guaranteed by the federal government are exempt from the risk 
retention requirement. We analyzed the data to describe the 
proportions of mortgages that may have met more restrictive and less 
restrictive versions of these criteria in 2006 (a period of relatively 
lax underwriting standards) and 2010 (a period of relatively stringent 
underwriting standards).[Footnote 96] For the LTV analysis, we used 80 
percent as the more restrictive criterion (based on proposed QRM rules 
for purchase mortgages) and 90 percent as the less restrictive 
criterion. We used the CoreLogic variable for LTV ratio, which does 
not take any subordinate liens into account. We did not use the 
variable for combined LTV ratio, which does take subordinate liens 
into account, because it was not reliable. As a result, the 
percentages we report are likely somewhat higher than they would have 
been if we had been able to use combined LTV ratios. For the DTI 
analysis, we used 36 percent as the more restrictive criterion (based 
on proposed QRM rules) and 41 percent as the less restrictive 
criterion. We limited the analysis of DTI ratios to prime and near-
prime mortgages because the CoreLogic database did not contain DTI 
ratios for subprime mortgages. As in the DTI analysis in the previous 
section of the report, we used reported DTI ratios in the CoreLogic 
database, which may understate debt obligations or overstate income in 
some cases. As a result, the proportions of mortgages we show as 
meeting the different DTI criteria are likely somewhat higher than 
they would have been if all of the DTI ratios had been calculated in a 
uniform and accurate manner. To provide additional perspective on the 
potential coverage of the risk retention requirement, we reviewed an 
analysis by FHFA, which examined the proportion of mortgages purchased 
by the enterprises that would have met the proposed QRM criteria, 
including those for LTV and DTI ratios. 

To assess the financial impact of the risk retention requirement on 
lenders and securitizers, we reviewed relevant accounting standards 
and federal risk-based regulatory capital requirements that may 
interact with risk retention. In particular, we reviewed financial 
accounting statement (FAS) 166 (which addresses whether 
securitizations and other transfers of financial assets are treated as 
sales or financings), FAS 167 (which requires securitizers or lenders 
with a controlling financial interest in an SPE to "consolidate" the 
securitized assets on their balance sheets), and regulatory capital 
standards based on the Basel accords. We also reviewed provisions in 
the Dodd-Frank Act and the proposed risk retention rules that applied 
to lenders specifically and interviewed industry stakeholders about 
the potential impact of a risk retention requirement on different 
types and sizes of mortgage lenders. To illustrate the potential 
capital impacts of different forms of risk retention, we developed a 
hypothetical securitization based on research and industry information 
about the size and structure of RMBS. We used regulatory capital risk 
weights used by federal banking regulators to calculate the capital 
charges for horizontal and vertical risk retention to estimate the 
total amount of regulatory capital that a securitizer would have to 
hold for each option. Because this example is meant to be 
illustrative, we did not apply all regulatory capital or accounting 
standards that could influence the capital impacts of the risk 
retention requirement, including the FAS 166 and 167 accounting 
statements. 

To assess the advantages and disadvantages of a uniform 5 percent risk 
retention requirement, we reviewed available information on past risk 
retention practices. We also interviewed industry stakeholders about 
these practices and information that should be considered in comparing 
the merits of a uniform and a nonuniform requirement. Additionally, we 
interviewed federal rulemakers and mortgage industry stakeholders 
(including representatives from financial services companies and 
mortgage and securities analysts) about the development, 
implementation, and enforcement of both a uniform and a nonuniform 
requirement. 

Assessment of Housing Counseling and HOEPA Provisions: 

To describe the potential effects of consumer protection provisions in 
the Dodd-Frank Act for housing counseling and high-cost HOEPA loans, 
we reviewed relevant statutory provisions and regulations. We also 
reviewed information from HUD regarding its current housing counseling 
assistance program, including data on the counseling services provided 
by HUD-approved counseling agencies from 2006 through 2010. We 
identified and reviewed empirical research on the impact of 
foreclosure mitigation and prepurchase housing counseling, HUD 
reports, and relevant academic and industry literature about housing 
counseling research and policy. We also interviewed officials from 
HUD's Office of Single-Family Housing and Office of Policy Development 
and Research, and officials from organizations currently conducting 
housing counseling research, including Fannie Mae, the Federal Reserve 
Bank of Philadelphia, and the Urban Institute. With respect to HOPEA, 
we compared the Dodd-Frank Act's new requirements for high-cost loans 
to previous statutory requirements and examined available research on 
the number of loans originated from 2004 through 2009 that were 
covered by HOEPA. We interviewed a wide range of mortgage and 
counseling industry stakeholders, including consumer groups, lenders, 
academic researchers, and housing counseling intermediaries 
(organizations that channel HUD counseling funds to local, affiliated 
counseling agencies) about the Dodd-Frank Act's counseling and HOEPA 
provisions. 

We conducted this performance audit from August 2010 to July 2011 in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II" Proportions of Mortgages Meeting Selected Qualified 
Mortgage Criteria in Geographic Groupings Based on Demographic and 
Housing Market Characteristics: 

In contemplating the potential impact of QM criteria, one 
consideration is the extent to which mortgages made to different 
borrower groups and within different housing markets would have met 
selected QM criteria. Using the CoreLogic database described in more 
detail in appendix I, we examined the percentages of mortgages 
originated within various geographic groupings that would have met 
selected QM criteria from 2001 through 2010 and compared them with the 
corresponding percentages for all borrowers.[Footnote 97] We applied 
each criterion separately. We looked at ZIP codes grouped by race, 
ethnicity, and income level to examine the proportions of mortgages in 
each grouping that likely would have met the four QM criteria for 
which the CoreLogic database had relevant information (mortgage does 
not have a negative amortization feature, mortgage term does not 
exceed 30 years, mortgage does not include balloon payments, and 
mortgage complies with regulations relating to DTI ratio).[Footnote 
98] Using 2000 Census data, the most recent data available as of June 
2011, we grouped ZIP codes associated with the mortgages in the 
CoreLogic database into three categories: black or African-American 
households made up 75 percent or more of the population, Hispanic or 
Latino households made up 75 percent or more of the population, and 
median incomes were less than 80 percent of the median income of the 
associated metropolitan statistical area (low income).[Footnote 99] We 
also grouped states into two categories: one containing states that 
experienced rapid house price appreciation followed by rapid 
depreciation (severe housing bubble states) during the 2000s, and all 
other states. The severe housing bubble states were Arizona, 
California, Florida, and Nevada. Except where noted below, for this 
appendix we used a dataset that combined the mortgages in the prime, 
near-prime, and government-insured category of the CoreLogic database 
with the mortgages in the subprime category. 

Our analysis of the QM criterion prohibiting negative amortization 
features found that in ZIP codes with high proportions of black or 
African-American households, the percentages of mortgage originations 
that met the criterion were generally similar to the percentages for 
all borrowers, with the exception of 2004 through 2006 when the 
proportions were approximately 2 to 4 percentage points higher (see 
table 2). In ZIP codes with high proportions of Hispanic or Latino 
households, the percentages of mortgage originations that met the 
criterion were similar to those for all borrowers, although they were 
somewhat lower (about 3 percentage points) from 2005 through 2007. In 
low-income ZIP codes, the proportions of mortgage originations that 
met the criterion in all years were similar to the proportions for all 
borrowers. In severe housing bubble states, the proportions of 
mortgage originations from 2003 through 2007 that met the criterion 
were about 2 to 7 percentage points lower than they were for all 
borrowers. In all other states, the proportions of mortgage 
originations that met the criterion were similar in all years to the 
proportions for all borrowers, except from 2005 through 2007, when 
they were from 2 to 3 percentage points higher. 

Table 2: Percentage of Mortgages Meeting Qualified Mortgage Repayment 
of Principal Requirement, by Demographic and Housing Market Grouping, 
2001-2010: 

Grouping: All borrowers; 
Year: 2001: 99.0%; 
Year: 2002: 99.8%; 
Year: 2003: 99.8%; 
Year: 2004: 96.0%; 
Year: 2005: 93.4%; 
Year: 2006: 94.2%; 
Year: 2007: 96.4%; 
Year: 2008: 99.4%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: ZIP codes with 75% or greater black or African-American 
population; 
Year: 2001: 99.7%; 
Year: 2002: 99.5%; 
Year: 2003: 99.3%; 
Year: 2004: 98.1%; 
Year: 2005: 97.1%; 
Year: 2006: 96.7%; 
Year: 2007: 96.7%; 
Year: 2008: 99.1%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: ZIP codes with 75% or greater Hispanic or Latino population; 
Year: 2001: 99.0%; 
Year: 2002: 98.6%; 
Year: 2003: 98.9%; 
Year: 2004: 95.5%; 
Year: 2005: 90.1%; 
Year: 2006: 89.8%; 
Year: 2007: 92.3%; 
Year: 2008: 98.5%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: Low-income ZIP codes; 
Year: 2001: 99.0%; 
Year: 2002: 98.6%; 
Year: 2003: 98.5%; 
Year: 2004: 95.9%; 
Year: 2005: 92.9%; 
Year: 2006: 93.4%; 
Year: 2007: 95.2%; 
Year: 2008: 99.1%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: Severe housing bubble states; 
Year: 2001: 97.5%; 
Year: 2002: 97.2%; 
Year: 2003: 97.4%; 
Year: 2004: 92.3%; 
Year: 2005: 86.5%; 
Year: 2006: 87.3%; 
Year: 2007: 91.7%; 
Year: 2008: 98.4%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: All other states; 
Year: 2001: 99.6%; 
Year: 2002: 99.4%; 
Year: 2003: 99.4%; 
Year: 2004: 97.7%; 
Year: 2005: 96.7%; 
Year: 2006: 97.3%; 
Year: 2007: 98.2%; 
Year: 2008: 99.7%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Source: GAO analysis of Census 2000 and CoreLogic data. 

[End of table] 

Our analysis of the QM criterion for amortization terms of 30 years or 
less found that in ZIP codes with high proportions of black or African-
American households, the percentages of mortgage originations that met 
the criterion were generally similar to those for all borrowers, 
exception of 2006 through 2008, when the proportions were 
approximately 2 to 4 percentage points lower (see table 3). In ZIP 
codes with high proportions of Hispanic or Latino households, the 
percentages of mortgage originations that met the criterion were 
similar to those for all borrowers, although they were somewhat lower 
(about 2 to 3 percentage points) from 2006 through 2008. In low-income 
ZIP codes, the proportions of mortgage originations that met the 
criterion were similar to those for all borrowers, with the exception 
of 2006 and 2007, when the proportion was nearly 2 percentage points 
lower. In severe housing bubble states, the proportions of mortgage 
originations that met the criterion were similar to the proportions 
for all borrowers, with the exception of 2006 and 2007, when it was 3 
to 4 percentage points lower. In all other states, the proportions of 
mortgage originations that met the criterion in all years were similar 
to the proportions for all borrowers. 

Table 3: Percentage of Mortgages Meeting Qualified Mortgage Criterion 
for Loan Terms of 30 Years or Less by Demographic and Housing Market 
Grouping, 2001-2010: 

Grouping: All borrowers; 
Year: 2001: 99.8%; 
Year: 2002: 99.8%; 
Year: 2003: 99.8%; 
Year: 2004: 99.6%; 
Year: 2005: 98.0%; 
Year: 2006: 94.1%; 
Year: 2007: 95.1%; 
Year: 2008: 98.8%; 
Year: 2009: 99.8%; 
Year: 2010: 99.8%. 

Grouping: ZIP codes with 75% or greater black or African-American 
population; 
Year: 2001: 99.4%; 
Year: 2002: 99.4%; 
Year: 2003: 99.6%; 
Year: 2004: 99.5%; 
Year: 2005: 97.6%; 
Year: 2006: 91.7%; 
Year: 2007: 91.1%; 
Year: 2008: 97.2%; 
Year: 2009: 99.5%; 
Year: 2010: 99.9%. 

Grouping: ZIP codes with 75% or greater Hispanic or Latino population; 
Year: 2001: 99.8%; 
Year: 2002: 99.8%; 
Year: 2003: 99.8%; 
Year: 2004: 99.7%; 
Year: 2005: 96.9%; 
Year: 2006: 90.9%; 
Year: 2007: 92.6%; 
Year: 2008: 97.2%; 
Year: 2009: 99.8%; 
Year: 2010: 99.9%. 

Grouping: Low-income ZIP codes; 
Year: 2001: 99.7%; 
Year: 2002: 99.7%; 
Year: 2003: 99.7%; 
Year: 2004: 99.6%; 
Year: 2005: 97.4%; 
Year: 2006: 92.6%; 
Year: 2007: 93.6%; 
Year: 2008: 98.4%; 
Year: 2009: 99.8%; 
Year: 2010: 99.8%. 

Grouping: States that experienced severe housing bubbles; 
Year: 2001: 99.8%; 
Year: 2002: 99.8%; 
Year: 2003: 99.8%; 
Year: 2004: 99.4%; 
Year: 2005: 96.5%; 
Year: 2006: 90.2%; 
Year: 2007: 92.3%; 
Year: 2008: 98.3%; 
Year: 2009: 99.9%; 
Year: 2010: 99.9%. 

Grouping: All other states; 
Year: 2001: 99.8%; 
Year: 2002: 99.8%; 
Year: 2003: 99.8%; 
Year: 2004: 99.6%; 
Year: 2005: 98.6%; 
Year: 2006: 95.8%; 
Year: 2007: 96.1%; 
Year: 2008: 99.0%; 
Year: 2009: 99.8%; 
Year: 2010: 99.8%. 

Source: GAO analysis of Census 2000 and CoreLogic data. 

[End of table] 

Our analysis of the QM criterion restricting balloon payments found 
that in ZIP codes with high proportions of black or African-American 
households or Hispanic or Latino households, the percentages of 
mortgage originations that met the criterion were generally similar to 
those for all borrowers, with the exception of 2006, when the 
proportions were nearly 2 percentage points lower for both ZIP code 
groupings (see table 4). In low-income ZIP codes, severe housing 
bubble states, and all other states, the proportions of mortgage 
originations that met the criterion in all years were similar to the 
proportions for all borrowers. 

Table 4: Percentage of Mortgages Meeting Qualified Mortgage Criterion 
Restricting Balloon Payments by Demographic and Housing Market 
Grouping, 2001-2010: 

Grouping: All borrowers; 
Year: 2001: 99.2%; 
Year: 2002: 99.2%; 
Year: 2003: 99.1%; 
Year: 2004: 99.4%; 
Year: 2005: 99.1%; 
Year: 2006: 97.7%; 
Year: 2007: 98.9%; 
Year: 2008: 100.0%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: ZIP codes with 75% or greater black or African-American 
population; 
Year: 2001: 97.8%; 
Year: 2002: 98.9%; 
Year: 2003: 99.4%; 
Year: 2004: 99.3%; 
Year: 2005: 98.4%; 
Year: 2006: 96.0%; 
Year: 2007: 97.5%; 
Year: 2008: 100.0%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: ZIP codes with 75% or greater Hispanic or Latino population; 
Year: 2001: 99.6%; 
Year: 2002: 99.7%; 
Year: 2003: 99.8%; 
Year: 2004: 99.6%; 
Year: 2005: 98.5%; 
Year: 2006: 95.8%; 
Year: 2007: 98.2%; 
Year: 2008: 100.0%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: Low-income ZIP codes; 
Year: 2001: 98.9%; 
Year: 2002: 99.3%; 
Year: 2003: 99.3%; 
Year: 2004: 99.4%; 
Year: 2005: 98.7%; 
Year: 2006: 97.0%; 
Year: 2007: 98.4%; 
Year: 2008: 100.0%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: Severe housing bubble states bubbles; 
Year: 2001: 99.5%; 
Year: 2002: 99.4%; 
Year: 2003: 99.3%; 
Year: 2004: 99.6%; 
Year: 2005: 98.9%; 
Year: 2006: 96.7%; 
Year: 2007: 98.4%; 
Year: 2008: 100.0%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Grouping: All other states; 
Year: 2001: 99.1%; 
Year: 2002: 99.1%; 
Year: 2003: 99.0%; 
Year: 2004: 99.3%; 
Year: 2005: 99.2%; 
Year: 2006: 98.2%; 
Year: 2007: 99.1%; 
Year: 2008: 100.0%; 
Year: 2009: 100.0%; 
Year: 2010: 100.0%. 

Source: GAO analysis of Census 2000 and CoreLogic data. 

[End of table] 

Due to limitations in the CoreLogic database, our examination of the 
criterion for DTI ratio was restricted to mortgages in the prime, near-
prime, and government-insured category for 2003 through 2010. Using a 
hypothetical standard of 41 percent or less for DTI ratio, we found 
that in ZIP codes with high proportions of black or African-American 
households, the percentages of mortgage originations that met the 
criterion were generally lower than those for all borrowers, ranging 
from 1 percentage point less in 2004 and 2006 to 10 percentage points 
less in 2009 (see table 5). In ZIP codes with high proportions of 
Hispanic or Latino households, the proportions of mortgage 
originations that met the criterion were also generally lower than the 
proportions for all borrowers, ranging from about 3 percentage points 
less in 2006 and 2007 to 15 percentage points less in 2010. In low-
income ZIP codes, the proportions of mortgage originations that met 
the criterion were generally lower than the proportions for all 
borrowers, ranging from 2 percentage points less in 2004 to nearly 5 
percentage points less in 2010. In severe housing bubble states, the 
proportions of mortgage originations that met the criterion were 
generally lower than the proportions for all borrowers, ranging from 
less than 1 percentage point lower in 2004 and 2005 to 5 percentage 
points lower in 2010. In all other states, the proportions of mortgage 
originations that met the criterion in all years were similar to those 
for all borrowers, except in 2010, when the proportion was 2 
percentage points higher. 

Table 5: Percentage of Prime, Near-Prime, and Government-Insured 
Mortgages Meeting a Hypothetical Qualified Mortgage Criterion for DTI 
Ratio of 41 Percent or Less by Demographic and Housing Market 
Grouping, 2003-2010: 

Grouping: All borrowers; 
Year: 2003: 75.2%; 
Year: 2004: 71.9%; 
Year: 2005: 65.5%; 
Year: 2006: 62.1%; 
Year: 2007: 58.3%; 
Year: 2008: 58.5%; 
Year: 2009: 64.9%; 
Year: 2010: 64.8%. 

Grouping: ZIP codes with 75% or greater black or African-American 
population; 
Year: 2003: 70.6%; 
Year: 2004: 70.6%; 
Year: 2005: 63.2%; 
Year: 2006: 60.8%; 
Year: 2007: 56.8%; 
Year: 2008: 51.9%; 
Year: 2009: 55.1%; 
Year: 2010: 57.2%. 

Grouping: ZIP codes with 75% or greater Hispanic or Latino population; 
Year: 2003: 69.6%; 
Year: 2004: 65.4%; 
Year: 2005: 61.2%; 
Year: 2006: 59.2%; 
Year: 2007: 55.5%; 
Year: 2008: 49.7%; 
Year: 2009: 50.5%; 
Year: 2010: 49.8%. 

Grouping: Low-income ZIP codes; 
Year: 2003: 72.6%; 
Year: 2004: 69.9%; 
Year: 2005: 65.8%; 
Year: 2006: 62.2%; 
Year: 2007: 57.9%; 
Year: 2008: 55.9%; 
Year: 2009: 61.3%; 
Year: 2010: 60.2%. 

Grouping: Severe housing bubble states; 
Year: 2003: 74.9%; 
Year: 2004: 70.9%; 
Year: 2005: 64.4%; 
Year: 2006: 60.4%; 
Year: 2007: 56.2%; 
Year: 2008: 54.9%; 
Year: 2009: 60.7%; 
Year: 2010: 59.5%. 

Grouping: All other states; 
Year: 2003: 75.3%; 
Year: 2004: 72.3%; 
Year: 2005: 66.1%; 
Year: 2006: 62.9%; 
Year: 2007: 59.2%; 
Year: 2008: 59.7%; 
Year: 2009: 66.3%; 
Year: 2010: 66.6%. 

Source: GAO analysis of Census 2000 and CoreLogic data. 

Note: This analysis only includes mortgages in the prime, near-prime, 
and government-insured category of the CoreLogic database. Because the 
CoreLogic database did not contain sufficient information on DTI for 
prime, near-prime, and government-insured mortgages originated in 2001 
and 2002, we only present data for 2003 through 2010. For this latter 
period, about 53 percent of the mortgages did not have information on 
the DTI ratio. We concluded that those mortgages were likely not 
systematically different from mortgages with DTI information based on 
a comparison of the average borrower credit scores associated with 
both groups of mortgages, which showed little difference. 

[End of table] 

[End of section] 

Appendix III: Comments from the National Credit Union Association: 

National Credit Union Administration: 
Office of the Chairman: 
1775 Duke Street: 
Alexandria, VA 22314-3428: 
703-518-6300: 

Via E-Mail: 

July 11, 2011: 

Mr. William B. Shear: 
Director: 
Financial Markets and Community Investment: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Mr. Shear: 

We reviewed the draft report "Potential Impacts of Provisions in the 
Dodd-Frank Act on Homebuyers and the Mortgage Market." The Dodd-Frank 
Wall Street Reform and Consumer Protection Act (the Act) directed GAO 
to assess the effect of mortgage-related provisions on the 
availability and affordability of mortgage credit. As noted in the 
report, federal agencies are still developing the regulations for some 
of these provisions, with rulemaking agencies accepting public 
comments on proposed risk retention regulations through August 1, 
2011. Therefore, our comments on this draft report will be general, 
since the impact of the Act largely depends upon other key regulatory 
decisions which have not been made. 

According to the Act, a lender is presumed to have satisfied the 
ability-to-repay requirement when it originates a "qualified mortgage" 
(QM). The report contains thorough analysis on five of the nine QM 
criteria specified in the Act for which sufficient data were 
available. The five criteria were (1) payment of loan principal, (2) 
length of the mortgage term, (3) scheduled lump-sum payments, (4) 
documentation of borrower resources, and (5) borrower debt burdens. 
The report generally found that for each year from 2001 to 2010, most 
mortgages would likely have met the individual criteria for these five 
elements prescribed in the Act. We also note the trends provided in 
the report show mortgage originators improved their underwriting 
standards in 20092010 based on the adverse loss trends, which address 
many of the criteria studied by GAO. 

One of NCUA' s key concerns is the lack of a mechanism for non-QM 
loans to receive QM status through seasoning. While the report found 
that most loans originated for the time period studied met the 
criteria when analyzed individually, the impact of simultaneously 
applying multiple criteria creates a much narrower population for QM 
loans. Moreover, borrower debt burdens (the fifth element) appear to 
be the most difficult element for borrowers to achieve. This may be 
especially true for those of modest means. Creating a mechanism for 
lenders to originate non-QM loans that could become QM loans after a 
specific period of time expires may help achieve the goal of 
protecting borrowers from unsustainable mortgage products while 
maintaining broad access to mortgage credit. 

NCUA appreciates the detailed analysis performed by GAO. Thank comment 
you for the opportunity to on this draft report.  

Sincerely, 

Signed by: 

Debbie Matz: 
Chairman: 

[End of section] 

Appendix IV: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

William B. Shear, (202) 512-8678 or shearw@gao.gov: 

Staff Acknowledgments: 

In addition to the individual named above, Steve Westley (Assistant 
Director), Meghana Acharya, Serena Agoro-Menyang, William Bates, 
Stephen Brown, Emily Chalmers, Matthew McDonald, John McGrail, Timothy 
Mooney, Lisa Moore, Alise Nacson, and Jim Vitarello made key 
contributions to this report. 

[End of section] 

Bibliography: 

Selected Bibliography of Research on Homeownership Counseling: 

AARP Public Policy Institute. Homeownership Education and Counseling. 
PPI Issues Brief. Washington, D.C.: 2003. Available at 
http://www.aarp.org/money/budgeting-saving/info-
2003/homeownership_education_counseling.html: 

Agarwal, Sumit, Gene Amromin, Itzhak Ben-David, Souphala 
Chomsisengphet, and Douglas D. Evanoff. Do Financial Counseling 
Mandates Improve Mortgage Choice and Performance? Evidence from a 
Legislative Experiment. Federal Reserve Board of Chicago Working Paper 
No. 2009-7, October 2009. 

------. "Learning to Cope: Voluntary Financial Education and Loan 
Performance During a Housing Crisis." American Economic Review, vol. 
100, no. 2 (2010). 

Carswell, Andrew. "Does Housing Counseling Change Consumer Financial 
Behaviors? Evidence from Philadelphia." Journal of Family and Economic 
Issues, vol. 30, no. 4 (2009). 

Collins, J. Michael. "Exploring the Design of Financial Counseling for 
Mortgage Borrowers in Default." Journal of Family and Economic Issues, 
vol. 28, no. 2 (2007). 

Collins, J. Michael., and Collin O'Rourke. Homeownership Education and 
Counseling: Do We Know What Works? Policylab Consulting for Research 
Institute for Housing America (Special Report) and Mortgage Bankers 
Association. Washington, D.C.: April 2011. 

Ding, Lei, Roberto G. Quercia, and Janneke Ratcliffe. "Post-Purchase 
Counseling and Default Resolutions Among Low-and Moderate-Income 
Borrowers." Journal of Real Estate Research, vol. 30, no. 3 (2008). 

Hartarska, Valentina, and Claudio Gonzalez-Vega. "Credit Counseling 
and Mortgage Termination by Low-Income Households." Journal of Real 
Estate Finance and Economics, vol. 30, no. 3 (2005). 

------. "Evidence on the Effect of Credit Counseling on Mortgage Loan 
Default by Low-Income Households." Journal of Housing Economics, vol. 
15, no. 1 (2006). 

Herbert, Christopher E., Jennifer Turnham, and Christopher N. Rodger. 
The State of the Housing Counseling Industry. Abt Associates for the 
U.S. Department of Housing and Urban Development. Washington, D.C.: 
September 2008. 

Hirad, Abdighani, and Peter M. Zorn. A Little Knowledge is a Good 
Thing: Empirical Evidence of the Effectiveness of Pre-Purchase 
Homeownership Counseling. Joint Center for Housing Studies of Harvard 
University, Low Income Homeownership Working Paper Series 01.4. 
Cambridge, Mass.: August 2001. 

Hornburg, Steven P. Strengthening the Case for Homeownership 
Counseling: Moving Beyond "A Little Bit of Knowledge." Joint Center 
for Housing Studies of Harvard University Report W04-12. Cambridge 
Mass.: August 2004. 

Jones, Katie. "Housing Counseling: Background and Federal Role." 
Congressional Research Service Report to Congress R41351. Washington, 
D.C.: July 2010. 

Mallach, Alan. Homeownership Education and Counseling: Issues in 
Research and Definition. Community Affairs Discussion Paper 00-01, 
Federal Reserve Bank of Philadelphia, 2001. 

Mayer, Neil S., Peter A. Tatian, Kenneth, Temkin, and Charles A. 
Calhoun. National Foreclosure Mitigation Counseling Program 
Evaluation: Preliminary Analysis of Program Efforts, September 2010 
Update. Prepared for NeighborWorks America. Washington, D.C.: Urban 
Institute, 2010. 

McCarthy, G. and Roberto Quercia. Bridging the Gap between Supply and 
Demand: The Evolution of the Homeownership Education and Counseling 
Industry. Research Institute for Housing America Report No. 00-01. 
Washington, D.C.: May 2000. 

Quercia, Roberto, and Spencer M. Cowan. "The Impacts of Community-
based Foreclosure Prevention Programs." Housing Studies, vol. 23, no. 
3 (2008). 

Quercia, Roberto, and Jonathan S. Spader. "Does Homeownership 
Counseling Affect the Prepayment and Default Behavior of Affordable 
Mortgage Borrowers?" Journal of Policy Analysis and Management, vol. 
27, no. 2 (2008). 

Quercia, Roberto and Susan M. Wachter. "Homeownership Counseling 
Performance: How Can It Be Measured?" Housing Policy Debate, vol. 7, 
no. 1 (1996). 

[End of section] 

Footnotes: 

[1] Securitization allows lenders to sell loans from their portfolios, 
transferring credit risk to investors, and use the proceeds to make 
more loans. 

[2] Pub. L. 111-203. 

[3] We use the term "lender" to refer to what the Dodd-Frank Act calls 
a mortgage "originator" or "creditor." A lender can also meet the Dodd-
Frank Act's ability-to-repay requirement by originating a mortgage 
that satisfies eight underwriting factors which emphasize 
consideration of borrower characteristics such as employment and 
current or expected income. We focus on the QM criteria, which 
emphasize mortgage features, because data available to us primarily 
contained information on mortgage characteristics. 

[4] A balloon payment is a large lump-sum payment scheduled at the end 
of a series of smaller periodic payments. Section 1412 of the Dodd- 
Frank Act defines a balloon payment as a scheduled payment that is 
more than twice as large as the average of earlier scheduled payments. 

[5] A point is a loan charge, usually paid at loan closing, expressed 
as a percentage of the loan amount (1 point is 1 percent of the loan 
balance). 

[6] A reverse mortgage is a loan that converts the borrower's home 
equity into payments from a lender and typically does not require any 
repayments as long as the borrower continues to live in the home. 

[7] The Dodd-Frank Act defines a securitizer as an issuer of an asset- 
backed security or a person who organizes and initiates an asset-
backed securities transaction by selling or transferring assets, 
either directly or indirectly, including through an affiliate, to the 
issuer. 

[8] HOEPA, enacted in 1994, regulates and restricts the terms and 
characteristics of certain kinds of high-cost mortgages. 

[9] The enterprises purchase mortgages that meet specified 
underwriting criteria from approved lenders. Most of the mortgages are 
made to prime borrowers with strong credit histories. The enterprises 
bundle the mortgages into securities and guarantee the timely payment 
of principal and interest to investors in the securities. On September 
6, 2008, the enterprises were placed under federal conservatorship 
because of concern that their deteriorating financial condition and 
potential default on $5.4 trillion in outstanding financial 
obligations threatened the stability of financial markets. 

[10] As presented in appendix II, we used data from the Census Bureau 
and information on state-level house price trends to examine the 
proportions of mortgages within different geographic groupings (based 
on demographic and housing market characteristics) that likely would 
have met four of these criteria. 

[11] The LTV ratio is the loan amount divided by the value of the home 
at mortgage origination. The DTI ratio represents the percentage of a 
borrower's income that goes toward all recurring debt payments, 
including mortgage payments. 

[12] GAO, Alternative Mortgage Products: Impact on Defaults Remains 
Unclear, but Disclosure of Risks to Borrowers Could Be Improved, 
[hyperlink, http://www.gao.gov/products/GAO-06-1021] (Washington, 
D.C.: Sept. 19, 2006). 

[13] Interest rate risk is the risk that an increase in interest rates 
will reduce the value of a fixed-rate loan. 

[14] REITs are companies that own income-producing real estate and in 
some cases engage in financing real estate. To qualify as a REIT, a 
company must have most of its assets and income tied to real estate 
investment and must distribute at least 90 percent of its taxable 
income to shareholders annually in the form of dividends. 

[15] All of the market share figures in this paragraph are calculated 
based on data from Inside Mortgage Finance, are expressed in terms of 
dollar volume (rather than number of loans), and exclude home equity 
loans. 

[16] For additional information about the characteristics and 
performance of subprime and near-prime mortgages, see GAO, Nonprime 
Mortgages: Analysis of Loan Performance, Factors Associated with 
Defaults, and Data Sources, [hyperlink, 
http://www.gao.gov/products/GAO-10-805] (Washington, D.C.: Aug. 24, 
2010). Lenders were often required by contract to repurchase mortgages 
for which the borrower failed to make a payment in the first 3 months 
after origination. Some lenders ended up in bankruptcy due to their 
inability to satisfy these repurchase requests. 

[17] FHA insures lenders against losses from borrower defaults on 
mortgages that meet FHA criteria. FHA historically has served 
borrowers who would have difficulty obtaining prime mortgages but in 
recent years has increasingly served borrowers with stronger credit 
histories. 

[18] TILA, as amended, is codified at 15 U.S.C. §§ 1601 - 1666j. 

[19] APR is a measure of credit cost to the borrower that takes 
account of the interest rate, points, and certain lender charges. 

[20] The FHA, Department of Veterans Affairs (VA), and the Department 
of Agriculture's Rural Housing Service, in consultation with the 
Federal Reserve Board, are required to develop separate QM criteria 
for their loan programs through regulations. Additionally, rulemaking 
authority for TILA is scheduled to transfer to CFPB on July 21, 2011. 
Accordingly, the rulemaking for the QM provisions will be finalized by 
CFPB rather than by the Federal Reserve Board. 

[21] Dodd-Frank Act, sec. 941(b) (codified at 15 U.S.C. sec. 78o-11). 

[22] The act also does not apply the exemption for government-insured 
or -guaranteed mortgages to mortgages backed by Federal Home Loan 
Banks, which form a system of regional cooperatives that support 
housing finance through advances and mortgage programs, among other 
activities. 

[23] The federal banking agencies (with the exception of NCUA), FHFA, 
HUD, and SEC must jointly issue regulations related to the risk 
retention provisions of the Dodd-Frank Act as they pertain to 
residential mortgages. For the purposes of the Dodd-Frank Act, the 
federal banking agencies include FDIC, the Federal Reserve Board, and 
OCC. 

[24] See 76 Fed. Reg. 24090 (Apr. 29, 2011). Under the Dodd-Frank Act, 
the risk retention requirement also applies to other asset classes. 

[25] The proposed rules also contain an LTV ratio cap of 70 percent 
for cash-out refinance mortgages (i.e., refinancing at a higher amount 
than the loan balance to convert home equity into money for personal 
use) and 75 percent for rate and term refinance mortgages (i.e., 
refinancing to change the interest rate or length of the mortgage with 
no cash out). 

[26] The proposed criteria for the QRM also specify a maximum level of 
28 percent for the percentage of a borrower's income that goes toward 
mortgage and other housing-related payments such as private mortgage 
insurance, property taxes, and homeowner association fees. 

[27] The proposed rules also request public comments on a possible 
alternative approach to QRMs. This approach would allow QRMs to have 
higher LTV and DTI ratios than those described above and take into 
account mortgage insurance or other third-party credit enhancements. 
Non-QRMs would be subject to stricter (e.g., less flexible or higher) 
risk retention requirements than described in the main approach. 

[28] Dodd-Frank Act, sec. 941(c). Board of Governors of the Federal 
Reserve System, Report to the Congress on Risk Retention (October 
2010), available at [hyperlink, 
http://www.federalreserve.gov/newsevents/press/other/20101019a.htm]. 

[29] Dodd-Frank Act, sec. 946. Financial Stability Oversight Council, 
Macroeconomic Effects of Risk Retention Requirements (January 2011), 
available at [hyperlink, http://www.treasury.gov/press-center/press-
releases/Pages/tg1027.aspx]. 

[30] 12 U.S.C. 1701x. 

[31] Several other federal agencies also provide limited support or 
funding for housing counseling, often for specific populations, 
including the Departments of Defense (DOD) and the Treasury (Treasury) 
and the VA. For example, Treasury provided funding for financial 
education and counseling through the Financial Education and 
Counseling Pilot Program, authorized pursuant to Section 1132 of the 
Housing and Economic Recovery Act of 2008 (Pub. L. 110-289). Through 
this program, Treasury awarded grants to nine eligible organizations, 
including HUD-approved housing counseling agencies. Grant recipients 
are required to identify successful methods of financial education and 
counseling services that result in positive behavioral change for 
financial empowerment and to establish program models for 
organizations to deliver effective financial education and counseling 
services to prospective homebuyers. Congress appropriated $2.0 million 
for the program in fiscal year 2009 and $4.15 million in fiscal year 
2010. P.L. 110-289 also directed DOD to set up a foreclosure 
counseling program for servicemembers returning from active duty 
abroad. Similarly, the VA employs loan counselors through its nine 
Regional Loan Centers to help veterans who are facing foreclosure or 
other financial problems. The VA's counselors assist veterans whether 
or not their mortgages are guaranteed by the VA. The VA also relies on 
HUD's housing counseling program for prepurchase housing counseling. 

[32] The Dodd-Frank Act also requires the CFPB to establish an Office 
of Financial Education to improve financial literacy through 
activities that include financial counseling. The duties this office 
is charged with are in some ways similar to those of the separate 
Office of Financial Education and Financial Access within Treasury. We 
have previously reported on the need for federal entities to 
coordinate their roles and activities to avoid unnecessary overlap and 
duplication. See GAO, Financial Literacy: The Federal Government's 
Role in Empowering Americans to Make Sound Financial Choices, GAO-11-
504T (Washington, D.C.: Apr. 12, 2011). 

[33] As previously noted, the CoreLogic database we used for this 
analysis covers a broad cross-section of the mortgage market. However, 
because of limitations in the coverage and completeness of the data, 
our analysis may not be fully representative of the mortgage market as 
whole. 

[34] As discussed later in this section, we relied on other data 
sources to examine the proportion of mortgages that would have met the 
QM criterion for full documentation. 

[35] In terms of dollar volume, mortgages in the first category 
accounted for roughly 90 percent of mortgage originations from 2001 
through 2003. This proportion declined to approximately 77 percent in 
2005 and 2006, then rose from about 91 percent in 2007 to almost 100 
percent in 2009 and 2010. For ease of presentation, we refer to 
mortgages with government insurance or guarantees as government-
insured mortgages in the remainder of this report. 

[36] As previously noted, rulemakers may extend loan terms beyond 30 
years for certain locales, such as high-cost areas. 

[37] As previously noted, the Dodd-Frank Act defines a balloon payment 
as a scheduled payment that is more than twice as large as the average 
of earlier scheduled payments. According to proposed QM rules issued 
in April 2011, some balloon mortgages can be considered to meet the QM 
criteria, such as balloon mortgages with terms of 5 or more years made 
by creditors that operate in predominantly rural or underserved areas. 

[38] The proposed rules describe two alternative sets of QM criteria: 
one that does not include DTI ratio, and one that requires 
consideration of DTI ratio. 

[39] Although most of the mortgages in the CoreLogic dataset had 
missing values for the interest-only indicator, the data suggest that 
the interest-only feature was especially prominent among prime and 
near-prime hybrid ARMs, a product type that became more common in the 
mid-2000s. An FHFA analysis covering the period from 2006 through 2010 
indicates that interest-only mortgages accounted for about 15 percent 
of Fannie Mae's mortgage purchases in 2006 but that this percentage 
declined to 0 to 1 percent in 2009 and 2010. The analysis showed that 
for Freddie Mac, the percentage of interest-only mortgages peaked in 
2007 at 22 percent before falling to 0 percent in 2009 and 2010. See 
FHFA, Conservator's Report on the Enterprises' Financial Performance, 
Fourth Quarter 2010, available at [hyperlink, 
http://www.fhfa.gov/Default.aspx?Page=172]. 

[40] [hyperlink, http://www.gao.gov/products/GAO-10-805]. 

[41] Alt-A generally refers to a mortgage loan originated under a 
lender's program offering reduced or alternative documentation than 
that required for a full documentation mortgage loan but may also 
include other alternative product features. Both enterprises classify 
mortgages as Alt-A if the lenders delivering the mortgages classify 
them as Alt-A based on documentation or other product features. 

[42] According to OCC officials, mortgage originators may have 
calculated DTI ratios differently depending on their definitions of 
debt and income. The officials also indicated that in some cases, 
mortgage originators used mortgage payments that did not fully 
amortize the mortgage to determine a borrower's total recurring debt 
payments and that borrower income was sometimes overstated for 
mortgages without full documentation of income. As a result, the 
proportions of mortgages we show as meeting the criterion are likely 
somewhat higher than they would have been if all of the DTI ratios had 
been calculated in a uniform and accurate manner. 

[43] [hyperlink, http://www.gao.gov/products/GAO-09-848R]. 

[44] By one estimate, about three-quarters of subprime borrowers lack 
escrow accounts, which are bank accounts set up by lenders into which 
monthly payments from the borrower are deposited for property taxes. 

[45] In March 2011, the Federal Reserve Board issued a proposal to 
implement Sections 1461 and 1462 of the Dodd-Frank Act, which provide 
certain escrow requirements for higher-priced loans. 

[46] [hyperlink, http://www.gao.gov/products/GAO-10-805]. 

[47] Robert G. Quercia, M. Stegman, and W. Davis, "The Impact of 
Predatory Loan Terms on Subprime Foreclosures: The Special Case of 
Prepayment Penalties and Balloon Payments," Housing Policy Debate, 
vol. 18, no. 2 (2007). 

[48] [hyperlink, http://www.gao.gov/products/GAO-08-78R]. 

[49] ARMs with initial fixed-rate periods of less than 5 years became 
a common product type during the mid-2000s. They accounted for over 
one-third of the first-lien mortgages in our CoreLogic data sample 
that were originated in 2005. 

[50] As previously noted, the Federal Reserve Board's proposed QM 
rules do not provide a specific DTI ratio. Rather, they describe two 
alternative sets of QM criteria: one that does not include DTI ratio, 
and one that requires consideration of DTI ratio. 

[51] The Dodd-Frank Act allows streamlined refinancing without 
verification of borrower income and assets in cases where the borrower 
is refinancing from a "nonstandard mortgage" into a "standard 
mortgage" with the same lender. According to the Federal Reserve 
Board's proposed implementing rules, a nonstandard mortgage is (1) an 
ARM with an introductory fixed rate for a period of years, (2) an 
interest-only loan, or (3) a negative amortization loan. A standard 
mortgage is one that does not have a negative amortization, interest-
only, or balloon payment feature and that limits the points and fees. 
The consumer's monthly payment must be reduced through the refinancing 
and the consumer must not have had more than one payment more than 30 
days late on the existing nonstandard mortgage during the 24 months 
preceding the application for the standard mortgage. 

[52] For this analysis, we excluded government-insured mortgages, 
which typically have low down payments (high LTVs), because the Dodd-
Frank Act exempts them from the risk retention requirement. We also 
applied the 80 and 90 percent LTV thresholds to all mortgage types 
(e.g., purchase mortgages and refinance mortgages). 

[53] As in the previous section of this report, this analysis used 
reported DTI ratios, which may understate debt obligations or 
overstate income in some cases. As a result, the proportions of 
mortgages we show as meeting the different criteria are likely 
somewhat higher than they would have been if all of the DTI ratios had 
been calculated in a uniform and accurate manner. 

[54] The CoreLogic data did not contain information on DTI ratios for 
subprime mortgages. 

[55] FHFA's analysis used the separate LTV thresholds proposed for 
purchase mortgages (80 percent) and different types of refinance 
mortgages (75 percent for no-cash-out refinances and 70 percent for 
cash-out refinances). In addition, FHFA used the proposed thresholds 
for both the DTI ratio (36 percent) and the percentage of a borrower's 
income that goes toward mortgage payments (28 percent). They also used 
a credit score threshold as a proxy for proposed criteria concerning 
borrower delinquency history. For a discussion of these and other 
proposed QRM criteria FHFA applied, see FHFA, Mortgage Market Note 11- 
02 (Apr. 11, 2011), available at [hyperlink, 
http://www.fhfa.gov/Default.aspx?Page=77]. 

[56] Although there is no uniform definition of default across the 
lending industry, 90-day delinquency rates (i.e., the percentage of 
mortgages for which the borrower is least 90 days late on the 
payments) are sometimes used as an indicator of mortgage default. 

[57] Estimates of the impact of a risk retention requirement on 
borrower interest rates depend on a number of assumptions, including 
the form of risk retention, capital costs, and the liquidity of RMBS 
backed by non-QRMs. FDIC officials told us that their estimate 
pertains to both horizontal and vertical risk retention, assumes 
capital costs are not affected by the accounting consolidation 
scenario discussed in this section, and assumes a liquid market for 
RMBS backed by non-QRMs. 

[58] As previously noted, the Dodd-Frank Act also does not apply the 
exemption for government-insured or -guaranteed mortgages to mortgages 
backed by Federal Home Loan Banks. 

[59] The other options are L-shaped (a hybrid of the horizontal and 
vertical options), seller's interest (typically a shared interest with 
all of the investors in a security backed by a pool of revolving 
loans, such as credit cards), representative sample (a randomly 
selected representative sample of assets that is equivalent, in all 
material respects, to the securitized assets and is commonly used in 
connection with securities backed by automobile loans), and an option 
specifically designed for structures involving asset-backed commercial 
paper. To help ensure that securitizers do not reduce or offset their 
retained economic interest by monetizing "excess spread" (i.e., the 
difference between the gross yield on a pool of securitized assets 
minus the cost of financing those assets) generated over time, 
rulemaking agencies also proposed requiring securitizers to place 
these funds into a "premium capture cash reserve account." This 
account would be in addition to the base risk retention requirement 
and would be used to absorb the first losses. 

[60] Federal banking and thrift regulators require banking 
institutions to maintain a minimum amount of capital and generally 
expect them to hold capital above these minimums, commensurate with 
their risk exposure, to ensure they remain solvent in the event of 
unexpected losses. These requirements were established under 
international Basel Accord frameworks. 

[61] Under regulatory capital requirements, all assets are assigned a 
risk weight according to the credit risk of the obligor and the nature 
of any qualifying collateral or guarantee, where relevant. These 
requirements are broadly intended to assign higher risk weights to--
and require banks to hold more capital for--higher-risk assets. 

[62] For example, with vertical risk retention, a securitizer would 
have to hold capital against 5 percent of the $37.5 million equity 
tranche (i.e., $37.5 million times 5 percent times a capital charge of 
100 percent, which equals $1.875 million) instead of the entire $37.5 
million equity tranche in the case of horizontal risk retention. 

[63] For example, section 939A of the Dodd-Frank Act requires federal 
agencies to remove references to credit ratings, changing how capital 
against securitization exposures is calculated. Additionally, federal 
banking regulators are currently contemplating changes to regulatory 
capital rules, including changes related to the Basel III Accord. 

[64] Consolidation is the process by which the financial statements of 
a parent company are combined with those of its subsidiaries (in this 
case the SPE), as if they were a single economic entity. A securitizer 
would have a controlling financial interest in an SPE if it had (1) 
the power to direct the activities of the SPE that most significantly 
affected the SPE's economic performance, and (2) the obligation to 
absorb the losses of, or the rights to receive benefits from, the SPE 
that could potentially be significant to the SPE. FAS 166, Accounting 
for Transfers of Financial Assets, an Amendment of FASB Statement No. 
140, is codified within Accounting Standards Codification (ASC) Topic 
860, and FAS 167, Amendments to FASB Interpretation No. 46(R) is 
codified within ASC Topic 810. 

[65] For example, assuming a 5 percent overall requirement, a 
securitizer would only need to retain 3 percent if a lender retained 
the remaining 2 percent. 

[66] When the lender is also the securitizer, it would retain the full 
amount of risk retention. 

[67] In the case of banking institutions, risk-based regulatory 
capital requirements would apply. 

[68] According to Home Mortgage Disclosure Act data, independent 
mortgage companies originated about 20 percent of all mortgages in 
2009. Although precise figures are not available for small community 
banks, community banks in general have originated about 15 to 20 
percent of mortgages in recent years, according to a trade association 
that represents these institutions. 

[69] Dodd-Frank Act, sec. 945 (codified at 15 U.S.C. sec. 77g(d)). The 
SEC issued regulations implementing this requirement in January 2011. 
See 76 Fed. Reg. 4231 (Jan. 25, 2011). 

[70] SEC issued implementing regulations for Section 943 in January 
2011. See 76 Fed. Reg. 4489 (Jan. 26, 2011). 

[71] Department of the Treasury and Department of Housing and Urban 
Development, Reforming America's Housing Finance Market: A Report to 
Congress (February 2011). 

[72] FHA requires a minimum borrower contribution of 3.5 percent of 
the sales price of the home. 

[73] Dodd-Frank Act, sec. 1442 (codified at 42 U.S.C. sec. 3533(g)). 

[74] The Program Support Division has staff in HUD headquarters and in 
HUD's four homeownership centers located in Atlanta, Georgia; Denver, 
Colorado; Philadelphia, Pennsylvania; and Santa Ana, California. 

[75] Counseling agencies may have multiple service interactions with 
the same client. Some of the HUD-approved counseling agencies that 
report service interaction data do not receive HUD funds, and those 
that do receive HUD grants also rely on other funding sources, 
according to HUD officials. As a result, the service interaction data 
do not represent just the counseling services provided with HUD funds. 

[76] In fiscal year 2010, HUD was appropriated $88 million for housing 
counseling assistance. The President's budget for fiscal year 2012 
requests $88 million for HUD housing counseling assistance. 

[77] The federal government funds homeownership counseling through a 
number of programs and has provided targeted support for foreclosure 
mitigation counseling in recent years. For example, Congress 
appropriated $65 million in fiscal year 2011 to the National 
Foreclosure Mitigation Counseling (NFMC) Program, which was designed 
to rapidly expand the availability of foreclosure mitigation 
counseling. NFMC is administered by NeighborWorks®, a government-
chartered, nonprofit corporation with a national network of affiliated 
organizations. NeighborWorks® competitively distributes NFMC funds to 
three types of authorized recipients: HUD-approved counseling 
intermediaries (i.e., organizations that channel HUD counseling funds 
to local, affiliated counseling agencies), state housing finance 
agencies, and NeighborWorks® affiliates. 

[78] Section 1013(d)(7) of the Dodd-Frank Act requires us to conduct a 
study on financial literacy programs. As part of this work, we are 
conducting a literature review of financial literacy programs. 

[79] Experimental design involves random assignment of subjects to 
treatment and control groups to isolate the impact of the treatment. 
In the context of prepurchase homeownership counseling, one group of 
prospective homebuyers would receive counseling (treatment group) and 
the other would not (control group). 

[80] Individuals who receive housing counseling, either on their own 
or by enrolling in a research study, represent a "self-selected" 
population. As noted, they may be systematically different than 
individuals who do not seek counseling, and this potential bias makes 
generalizing research results for the self-selected population 
problematic. 

[81] Neil S. Mayer, Peter A. Tatian, Kenneth, Temkin, and Charles A. 
Calhoun, National Foreclosure Mitigation Counseling Program 
Evaluation: Preliminary Analysis of Program Efforts, September 2010 
Update, prepared for NeighborWorks America (Washington, D.C.: Urban 
Institute, 2010). The study focused on the approximately 800,000 
borrowers who received NFMC counseling from January 2008 through 
December 2009 and a comparison sample of non-NFMC-counseled homeowners. 

[82] Lei Ding, Roberto G. Quercia, and Janneke Ratcliffe, "Post- 
purchase Counseling and Default Resolution among Low-and Moderate- 
Income Borrowers," Journal of Real Estate Research, vol. 30, no. 3 
(2008). 

[83] Abdighani Hirad and Peter M. Zorn, A Little Knowledge is a Good 
Thing: Empirical Evidence of the Effectiveness of Pre-Purchase 
Homeownership Counseling, Joint Center for Housing Studies of Harvard 
University, Low Income Homeownership Working Paper Series 01.4 
(Cambridge, Mass.: August 2001). 

[84] Hirad and Zorn, A Little Knowledge Is a Good Thing. 

[85] Roberto Quercia and Jonathan S. Spader, "Does Homeownership 
Counseling Affect the Prepayment and Default Behavior of Affordable 
Mortgage Borrowers?" Journal of Policy Analysis and Management, vol. 
27, no. 2 (2008). 

[86] Sumit Agarwal, Gene Amromin, Itzhak Ben-David, Souphala 
Chomsisengphet, and Douglas D. Evanoff, Do Financial Counseling 
Mandates Improve Mortgage Choice and Performance? Evidence from a 
Legislative Experiment, working paper 2009-07 (Federal Reserve Board 
of Chicago, 2009). 

[87] Christopher E. Herbert, Jennifer Turnham, and Christopher N. 
Rodger, The State of the Housing Counseling Industry, Abt Associates 
for the U.S. Department of Housing and Urban Development (Washington, 
D.C.: September 2008). 

[88] The purpose of the Home Affordable Modification Program is to 
enable borrowers who meet eligibility requirements to avoid 
foreclosure by modifying loans to a level that borrowers can afford 
and sustain in the long-term. 

[89] Assignee liability is intended to discourage secondary market 
participants from purchasing loans that may have predatory features 
and to provide an additional source of redress for victims of abusive 
lenders. 

[90] HMDA requires lending institutions to collect and publicly 
disclose information about housing loans and applications for such 
loans. HMDA data traditionally capture about 80 percent of the 
mortgages funded each year and are one of the most comprehensive 
sources of information on mortgage lending. Some high-cost loans are 
extended by institutions not covered by HMDA, and some high-cost loans 
made by HMDA-covered institutions are not required to be reported. 

[91] The Dodd Frank Act also amended the APR trigger to be based upon 
the average prime offer rate, to be published monthly by the Federal 
Reserve Board, rather than the yield on Treasury securities having 
comparable periods of maturity. 

[92] The Dodd-Frank Act also expanded the definition of points and 
fees to include all compensation paid by the consumer or creditor 
directly or indirectly to the mortgage originator. 

[93] [hyperlink, http://www.gao.gov/products/GAO-10-805]. 

[94] [hyperlink, http://www.gao.gov/products/GAO-09-741]. 

[95] [hyperlink, http://www.gao.gov/products/GAO-09-848R]. For that 
report, we used CoreLogic's Asset-backed Securities database, which 
contains information on securitized subprime and near-prime mortgages. 

[96] The LTV ratio is the amount of the loan divided by the value of 
the home at mortgage origination. 

[97] We did not examine the reasons for differences among the various 
groupings or the performance of the mortgages for each grouping as 
part of our analysis. In a prior report, we examined statistical 
associations between a number of loan and borrower characteristics-- 
including borrower race, ethnicity, and reported income--and the 
probability of default. See GAO-10-805. 

[98] For DTI ratio, we used the 41 percent figure that serves as a 
guideline in underwriting FHA-insured mortgages. 

[99] The groupings we examined are not mutually exclusive, but our 
analysis did not allow us to assess the separate effects of borrower 
income, race, and ethnicity. 

[End of section] 

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