Showing posts with label Mortgage Lending. Show all posts
Showing posts with label Mortgage Lending. Show all posts

Saturday, November 15, 2025

Unfreezing U.S. Housing Finance: How Two Simple Product Fixes at Fannie and Freddie Could Unlock Affordability

For nearly a century, the U.S. mortgage system has excelled at one thing: mass‑producing a single, homogeneous product—the fully amortizing, fixed‑rate mortgage underwritten to a wage‑earner’s debt‑to‑income (DTI) ratio. That “post‑Depression” design stabilized a shaky market and became the world’s benchmark. But today’s households and neighborhoods don’t look like they did in 1938. We live with roommates, rent out accessory units, work from home, and stitch incomes from multiple sources. When the financing toolkit refuses to see those realities, it doesn’t just miss nuance—it warps incentives, funnels capital into narrow property types, and suppresses affordability.

The good news: we don’t have to force price controls or wait years for new supply. In a moment of regulatory openness, Fannie Mae and its younger cousin, Freddie Mac, can make targeted adjustments to their product menus that widen the doorway to ownership and increase rental supply—without compromising safety and soundness.


Where today’s rules block affordability

1) The system discounts household cash flow from boarders/roommates and ADUs

GSE rules do allow limited credit for boarder or accessory dwelling unit (ADU) income—but almost entirely by adding a slice of that income to the borrower’s denominator (qualifying income), rather than offsetting the numerator (the monthly payment). For example, Fannie Mae’s HomeReady® policy permits boarder income to contribute up to 30% of total qualifying income (with documentation), and ADU rent is recognized with a vacancy haircut, typically 75% of lease in illustrative scenarios. Both are added to income and then tested against a DTI cap, rather than netting them against the mortgage payment. Fannie Mae+2Fannie Mae+2

Freddie Mac likewise allows ADU income on a 1‑unit primary residence under defined conditions, again as qualifying income subject to Guide requirements—not as a direct payment offset. Freddie Mac+1

Why does this matter mechanically? Adding income is the weakest way to recognize rent, as it scales with the DTI cap. Suppose a borrower earns $6,000/month, carries $300/month in other debt, and considers taking in a boarder paying $800/month.

  • Current “income‑add” method (assume a 40% total DTI cap): capacity increases by 0.40 × $800 = $320.

  • “Payment‑offset” method with a prudent haircut (use 75% of rent, consistent with how the GSEs treat ADU rent in examples): capacity increases by $600.

That’s ~1.9× more effective at a 40% DTI—and 1.5× to 2.3× more effective across common DTI caps (50% down to 33%). In plain terms: the same boarder can safely support a meaningfully larger mortgage when their rent reduces the payment instead of being dribbled into income. (The 75% haircut mirrors how GSEs already account for vacancy/loss on ADU rents today.) Fannie Mae

Reducing net mortgage payment is vastly more effective for affordability 

DTI Cap Baseline (No Boarder) With Boarder – Income‑Add With Boarder – Payment‑Offset Increase vs Baseline – Income‑Add Increase vs Baseline – Payment‑Offset Offset vs Income‑Add – Effectiveness
33% $1,680 $1,944 $2,280 $264 $600 2.27×
38% $1,980 $2,284 $2,580 $304 $600 1.97×
40% $2,100 $2,420 $2,700 $320 $600 1.88×
45% $2,400 $2,760 $3,000 $360 $600 1.67×
50% $2,700 $3,100 $3,300 $400 $600 1.50×

Impact on affordability - Maximum Housing Prices increases dramatically

DTI Cap No Boarder With Boarder – Income‑Add With Boarder – Payment‑Offset Extra Loan from Boarder – Income‑Add Extra Loan from Boarder – Payment‑Offset Effectiveness (Offset ÷ Income‑Add)
33% $272,853 $315,729 $370,300 $42,877 $97,447 2.27×
38% $321,576 $370,950 $419,024 $49,373 $97,447 1.97×
40% $341,066 $393,038 $438,513 $51,972 $97,447 1.88×
45% $389,789 $448,258 $487,237 $58,468 $97,447 1.67×
50% $438,513 $503,478 $535,960 $64,965 $97,447 1.50×

This is exactly how banks underwrite commercial and small‑income property: cash‑flow first. We already trust property‑level cash flows in DSCR underwriting for investments; we simply refuse to apply the same logic for owner‑occupied homes with modest, verifiable rent streams.

2) Property‑type rules nudge capital away from mixed‑use neighborhoods

Fannie’s mixed‑use eligibility keeps properties primarily residential, requires the borrower to be the owner‑operator of any business use, and values the property on its residential characteristics—effectively sidelining the commercial value that gives many “shopkeeper” buildings their economic logic. For condos and co‑ops, project rules generally cap non‑residential space at 35%. These constraints make above‑store apartments, live‑work buildings, and main‑street assets harder to finance in the single‑family channel, even when that is the natural housing near jobs and services. Selling Guide+2Selling Guide+2

The result: households often must finance a home and a nearby workspace separately (if at all). That fragments neighborhoods, lengthens commutes, and undercuts small‑business viability—the opposite of affordability.

Two product fixes that would move the needle fast

A) Net eligible rent against the payment (a “Residential Cash‑Flow” adjustment)

What to change: When a borrower can document stable boarder/roommate or ADU income under existing verification standards, allow that income—after standard haircuts (e.g., 25% for vacancy/loss)—to offset the monthly PITI before testing DTI.

Why it’s safe:

  • The haircut already embeds a cushion (the same logic GSEs use for ADU rent in examples). Fannie Mae

  • Require 12 months of history (or DU/LP‑approved alternatives such as verified recurring deposits), a simple lease, and market‑rent support (Form 1007 for rooms/ADUs as applicable). Selling Guide

  • Cap the net‑rent offset to a prudent share of PITI (e.g., ≤60%) and require two months’ “vacancy reserves” when relying on offsets above a threshold.

What it unlocks:

  • Using the $6,000 income / $800 boarder example: with today’s income‑add method, a borrower at a 40% cap qualifies for roughly $2,420 of PITI; netting rent would support about $2,700—a meaningful boost in competitive markets.

  • Multiply that across millions of roommates and ADUs, and you expand ownership and add immediate rental capacity (the boarder’s room). No subsidies required.

B) A true “Shopkeeper” or “Mixed‑Use Lite” mortgage

What to change: Offer a standard single‑family execution for one‑ to two‑unit properties with a modest ground‑floor commercial space (or live‑work layout), without forcing the borrower to be the business operator or stripping out commercial value in the appraisal. Keep existing zoning‑compliance and habitability tests; set clear commercial‑area and use thresholds; let the business rent offset payment under the same cash‑flow rules.

Why it’s safe:

  • Fannie already purchases mixed‑use that is primarily residential, with legal use and careful appraisal; condos and co‑ops already manage the share of commercial space at the project level. Adjusting eligibility and valuation to recognize modest commercial value—rather than pretend it doesn’t exist—aligns risk with reality. Selling Guide+2Selling Guide+2

  • Freddie’s ADU and property‑eligibility framework shows how accessory income and use can be governed within the single‑family guide. A parallel “Mixed‑Use Lite” construct is administratively feasible. Freddie Mac+1

What it unlocks:

  • Shopkeepers, restaurateurs, and repair tradespeople can live near work, eliminating a second lease and transportation costs.

  • Neighborhoods gain housing above storefronts—the most walkable, employment‑adjacent stock we can add without new land.

Implementation playbook (no statute needed)

  1. Underwriting guides & AUS updates

    • Add a “Net Eligible Rent” field in DU/LP that subtracts from PITI before DTI is calculated (with haircuts and caps).

    • Maintain today’s boarder/ADU documentation standards (e.g., 9–12 months history for boarders; market‑rent support; primary‑residence restrictions; DU/LP documentation). Fannie Mae+1

  2. Data & model governance

    • Begin with pilot pools (e.g., up to a defined UPB) to measure default/loss differences versus matched controls.

    • Track payment‑shock, vacancy incidence, and prepay behavior for loans using payment offsets.

  3. Risk rails

    • Haircut rents (e.g., 25%) and cap offsets as a share of PITI.

    • Require two months of vacancy reserves for high‑offset cases.

    • Apply modest loan‑level price adjustments (LLPAs) until performance data accumulate.

  4. Property eligibility tweaks

    • Define “Mixed‑Use Lite”: e.g., max commercial area 20%–25% of gross building area; clearly permissible uses; residential safety/egress intact.

    • Remove the owner‑operator requirement for the commercial space on one‑ to two‑unit properties when third‑party tenant leases and market‑rent support are provided; continue to require legal use/zoning. (Fannie’s current rule requires owner‑operator and “primarily residential” treatment; the tweak would let neighborhoods function as communities, not silos.) Selling Guide

  5. Appraisal modernization

    • Permit dual‑track valuation (residential comp set + light‑commercial rent/value addendum) so the actual blended use is reflected—something the mixed‑use appraisal guidance already gestures toward but doesn’t fully enable. Selling Guide

Answering the usual objections

  • “This just hides risk.” It doesn’t. Offsetting with a haircut is more conservative than pretending the rent doesn’t reduce the bill. It aligns with how GSEs already model ADU rent in examples (75% of lease) and with how income property is underwritten broadly. Fannie Mae

  • “Fraud and roommate churn will spike.” That’s what documentation and reserves are for. The boarder policy already requires history and shared‑residency documentation. Extending those same standards to a payment‑offset approach, adding verified deposits/receipts and a small vacancy reserve, manages churn risk. Fannie Mae

  • “Mixed‑use belongs in multifamily or commercial.” Not when we’re talking about one‑ and two‑unit shopkeeper buildings—ubiquitous in older urban grids. The GSEs already touch mixed‑use; aligning eligibility and valuation with real cash flows simply stops penalizing neighborhoods that co‑locate homes and jobs. Selling Guide+1

Why this beats heavy‑handed market interventions

Forcing nominal price cuts or waiting on large‑scale greenfield supply pushes the problem down the road. The two changes above:

  • Increase demand‑side capacity where the household already has a paying roommate or ADU.

  • Increase supply—immediately—by validating rooms/ADUs and shopkeeper apartments as part of the housing stock.

  • Reduce commute costs and labor frictions by letting people live near their storefronts and workshops.

And because these are product changes, not subsidies, they scale through the secondary market with standard risk management and capital treatment.

A system built for the 1930s can be modernized in 2025

We don’t need to abandon the 30‑year fixed mortgage. We need to stop underwriting 21st‑century households as if every home is a suburban box occupied by a single wage earner. Let’s do what the GSEs already know how to do in other corners of their guides:

  • Underwrite cash flow where it’s durable and verifiable.

  • Acknowledge mixed use where it’s legal and market‑accepted.

Fannie Mae and Freddie Mac can catalyze affordability right now by (1) netting prudent, documented rent against the payment and (2) offering a standardized “Mixed‑Use Lite / Shopkeeper” mortgage. Those two simple changes would widen access to ownership, expand rental options, and rebuild communities as places where living and working belong together.

Key sources: Fannie Mae’s Selling Guide and HomeReady materials on boarder and ADU income; Fannie Mae’s mixed‑use and project‑level rules; Freddie Mac’s ADU guidance and fact sheet. Freddie Mac+7Fannie Mae+7Selling Guide+7

Appendix: What the current rules say (select highlights)

  • Boarder/roommate income: Fannie Mae (HomeReady) allows it to contribute up to 30% of qualifying income with documentation (e.g., 9 of the past 12 months and proof of shared residency). Fannie Mae

  • ADU rental income: Fannie Mae explicitly allows ADU income on a 1‑unit primary with conditions, and illustrative scenarios apply a 25% vacancy haircut (75% of lease). Selling Guide+1

  • Freddie Mac ADUs: Freddie permits ADU income to qualify on a 1‑unit primary residence subject to Guide 5306; see Freddie’s ADU fact sheet. Freddie Mac+1

  • Mixed‑use eligibility: Fannie Mae requires mixed‑use properties to be primarily residential, with the borrower as owner‑operator of the business use, and appraisals to value the residential characteristics. Selling Guide+1

  • Commercial share limits (condos/co‑ops): Projects are generally limited to ≤35% commercial/mixed‑use space. Selling Guide

These are solid, safety‑oriented rules. The proposal here keeps the guardrails—while finally aligning underwriting with how Americans actually live, earn, and house each other.

Wednesday, October 27, 2021

Audit Season: Loan Officer Comp Plans vs Loan Officer Employment Agreements

Questions Persist on the Meaning of "Employment Agreement" or "Compensation Plan"


With the onset of annual audit season, we have noticed a large increase in the number of requests we get for compensation plans and loan officer agreements. We need to set the record straight on some definitions so that you have clarity on what is required and what the regulator is requesting.

First, there are two different things at play. 
  • The need to establish the arrangement between the loan originator and the company as to employment. This item is referred to as an employment agreement. 
  • The need to establish the pay rate for the originator is referred to as a compensation plan
  • These two items are exclusive of each other, although an agreement may refer to a compensation plan. 

Employment Agreements are NOT Compensation Plans


Employment agreements define job duties, the terms of employment, and how employment will terminate. In other words - this is your job; do these things and don't do other things. If you do things we say not to do, we can terminate you. This is how we'll wrap matters up if you separate from the company voluntarily or involuntarily. 

One of the difficulties we face in providing compliance services is that we often get asked for advice. Largely, advice on compliance relates to understanding what regulatory rulemaking means. This is not interpretation or advice, it simply is a translation of the rules into a more easily understood or practical application. Employment agreements, on the other hand, are contracts. In order to draft a contract for a third party you need to be authorized to practice law: an attorney or lawyer. A compliance company should not provide this service. Instead, you should seek the advice of a competent advisor familiar with the employment laws of a state. 

When we provide this free sample loan originator employment agreement, we are actually calling it a comp plan, because it forms part of the comp plan. You may copy the text and use it as a model for drafting an agreement yourself. 

That said, we have some general, common-sense guidance for the creation of employment agreements:

1.) Separate compensation plans from the employment agreement by attaching the compensation plan as an exhibit which is SUBJECT TO CHANGE AT ANY TIME.
2.) An Employment Agreement states the general minimum job requirements of the position. You can augment that by having a very detailed job description such as that in our Loan Originator, Loan Processor, Loan Closer or Underwriting policies and procedures. 

Compensation Plans are NOT Legal Agreements


A compensation plan simply states the rate of pay for various services. In the case of the current regulatory scheme, we have to be aware of anti-steering rules. A compliant compensation plan defines how compensation to loan originators happens in a way that does not violate the anti-steering rules. 

Elements of a Compensation Plan


  • Loans Subject to the Rule
  • Definition of a Loan Originator
  • Exclusions from the LO Comp Rule
  • Dual Compensation, Upfront Points and Fees
  • Proxies for Loan Terms
  • Non-Loan-Term Items
  • Profits-Based Compensation
  • Pick-A-Pay Plans
  • Pooled Compensation
  • Compensation for LOs that Work as a Team
  • Pricing Concessions
  • Point Banks
  • Competition for LOs
  • SAFE Act Requirements
  • Anti-Steering Provisions/Safe Harbor
  • Record Retention
  • QMs and Double Counting
  • LO Qualifications
  • Written Policies and Procedures
  • Non-Cash Compensation Incentives
  • Splitting Comp Between LOs
  • Bonuses and Retirement Plans
  • Bonuses Based on Volume
  • Non-Producing Managers and Sales Executives
Our Compliance Module provides a policy and procedure that addresses all of these issues. 







Friday, March 17, 2017

Updated Regulatory Compliance One-Pager

Mortgage Compliance One-Pager - Desk Reference/Study Guide for laminating

Updated 3/17/17

I recently re-took the NMLS' National Test with Uniform State Component. I neglected to take the Uniform State Test add-on when it first came out, but thought that if I needed to add additional licenses later, it wouldn't be so bad to re-take the National Test. I worried that I might have a problem because the last time I took it, I really struggled with the intricate test questions, puzzling over three or possibly four correct answers to decide which one was the "best right answer." This time, I found the test questions much more straight-forward. The bad news: I didn't score 100. What did I get wrong?

I should have studied my own mortgage compliance guide!


I have found that people don't really like to read pages and pages of material. "Can't you cook it down for me?" they ask. So we did. We authored a series of "QuickNotes" (QuickStart: QuickNotes... get it?) which have helped thousands cram and pass the national test. These one page "cheat sheets" boil the material down to its most fundamental level.

Regulatory Compliance Matrix - Click to Download

 Click to Download Regulatory Compliance Matrix


Document Not Clicking? Try this link.

Loan officers love our cheat sheets. Compliance trainers and regulators hate them. "There's not enough content!" they complain. But the infographic tells it all. Sure you can study MORE, but loan officers aren't attorneys. We get lost reading 3000 pages of code. Just like an attorney or compliance officer would get lost reading 3000 rate sheets and program guidelines a day.

We use this methodology in our new loan originator training, too. Instead of 2000 words describing how to to something, we give an illustrated form, a checklist, or a reference tool like this one which highlights Ability to Repay Guidelines.

Ability to Repay and Mortgage Knowledge Tools - Click to Download

 Download Ability to Repay Matrix


Click here to download these tools at no cost or obligation. Also, feel free to provide feedback.

What I THINK I got wrong...


  • PMI Cancellation @78% 
  • Do Not Call from 8am to 9pm
  • Balloon Payment Qualifying
  • Section 32 (High Costs) max Debt Ratio is 50%
  • Confusing question on Finance Charges with options I would consider ALL to be finance charges. (I think they wanted the recording fee, still not sure)

These items are ALL on the study guides, so my advice is to study these all. I knew I was going to pass, but I was surprised about how many questions I had to review at the end.


Wednesday, May 18, 2016

Trended Credit Data - Pitfalls of Deeper Data Analysis in DU 10.0

As Fannie Mae rolls out DU 10.0, they point out the benefits included in the June 25, 2016 updates, such as the simplification of self-employment categorization and identification of multiple financed properties. But the introduction of trended credit data gets explained as an "improved analysis of risk."  In origination, the phase "improvement" normally means a curtailment of guidelines to the detriment of flexibility, and this update seems to confirm that.

Trended data simply means that the underwriter, live or automated, can evaluate the historical balance and payment amounts on revolving credit. Fannie Mae's position on the face of this is "we can see how much a borrower pays (beyond the minimum payment) to give additional risk flexibility to the borrower who pays more than the minimum regularly."  What Fannie Mae doesn't say, and what presenters don't seem to want to address, is the OTHER information revealed by this data, and its implications for approval and the processing of the application.

For instance, a borrower who pays off credit cards in anticipation of getting a mortgage in the months approaching a home purchase may have the source of those payoff funds questioned, throwing the whole 60 - 90 day seasoning of funds assumption into question. In addition, the underwriter may see a historically higher level of debt, and due to Ability to Repay concerns, apply that level of debt to current qualifying ratios reducing the amount the borrower can afford.

Certainly, a deeper look at a borrower's spending patterns gives a better idea of the risk profile, but opacity of guidelines for reviewing the other aspects and implications of this information means loan production will have more uncertainty - not less, as Fannie Mae posits - regarding underwriting outcomes.