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B-332652 Nov 25, 2020 1 (2020-11-25)

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                      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC  20548


B-332652


November  25, 2020

The Honorable  Mike Crapo
Chairman
The Honorable Sherrod  Brown
Ranking Member
Committee  on Banking, Housing, and Urban Affairs
United States Senate

The Honorable  Maxine Waters
Chairwoman
The Honorable  Patrick McHenry
Ranking Member
Committee  on Financial Services
House  of Representatives

Subject: Bureau of Consumer Financial Protection: Qualified Mortgage Definition Under the
        Truth in Lending Act (Regulation Z): Extension of Sunset Date

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our amended1 report on a
major rule promulgated by the Bureau of Consumer Financial Protection (the Bureau) entitled
Qualified Mortgage Definition Under the Truth in Lending Act (Regulation Z): Extension of
Sunset Date (CFPB-2020-0021).  We  received the rule on October 20, 2020. It was published
in the Federal Register as a final rule; official interpretation on October 26, 2020. 85 Fed. Reg.
67938.  The effective date of the rule is December 28, 2020.

According to the Bureau, this final rule amends Regulation Z, which, according to the Bureau,
requires, with certain exceptions, creditors to make a reasonable, good faith determination of a
consumer's ability to repay any residential mortgage loan. The Bureau stated that loans that
meet Regulation Z's requirements for qualified mortgages (QMs) obtain certain protections from
liability. The Bureau explained that one category of QMs consists of loans that are eligible for
purchase or guarantee by either the Federal National Mortgage Association (Fannie Mae) or the
Federal Home  Loan Mortgage Corporation (Freddie Mac) (collectively, government-sponsored
enterprises, or GSEs), while operating under the conservatorship of receivership of the Federal
Housing Finance Agency  (FHFA). The  Bureau further explained that the GSEs are currently
under federal conservatorship. According to the Bureau, in 2013 it established this category of
QMs  (Temporary GSE  QM  loans) as a temporary measure that would expire with respect to
each GSE  on the date that GSE exits conservatorship, or on January 10, 2021, whichever
comes  first.

1 Upon receipt of documentation from the agency, as discussed further in this report, we are issuing this amended
report to revise a statement in the original report, dated November 12, 2020, that the Bureau did not comply with the
60-day delay in effective date requirement of 5 U.S.C. § 801(a)(3)(A).

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