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A small creditor originates 450 first-lien mortgages in the current calendar year and 380 in the previous year. Their assets total $2.8 billion. Can they originate balloon payment QMs in the current year?

Correct Answer

C) No, they exceed the asset size threshold

Under 12 CFR 1026.43(f), small creditors must have assets of $2.069 billion or less (as of 2024) and originate 500 or fewer first-lien mortgages in the preceding calendar year. While the loan volume qualifies, the $2.8 billion in assets exceeds the threshold, disqualifying them from balloon payment QM eligibility.

Answer Options
A
Yes, they meet both the loan volume and asset size requirements
B
No, they exceed the loan volume threshold
C
No, they exceed the asset size threshold
D
Yes, but only until they reach 500 loans

Why This Is the Correct Answer

Under 12 CFR 1026.43(f), small creditors must have assets of $2.069 billion or less (as of 2024) and originate 500 or fewer first-lien mortgages in the preceding calendar year. While the loan volume qualifies, the $2.8 billion in assets exceeds the threshold, disqualifying them from balloon payment QM eligibility.

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