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A New York borrower in 2026 pays 3 bona fide discount points on a home loan. How many bona fide discount points may be excluded from the New York high-cost points-and-fees calculation?

Correct Answer

C) Up to 2 of them may be excluded from points and fees

Up to and including two bona fide loan discount points payable by the borrower are excluded, but only if the rate from which the loan rate is discounted does not exceed by more than one percentage point the comparable Treasury yield. Other choices: the exclusion is capped at two; some exclusion is available; and the cap is 2 rather than 4. Source: N.Y. Banking Law § 6-l(1)(g)(ii)(1)

Answer Options
A
All 3 are excluded, because points knowingly paid to buy the rate down are a cost the borrower chose rather than a charge that the lender imposed on the loan
B
None are excluded once the loan crosses a threshold
C
Up to 2 of them may be excluded from points and fees
D
Up to 4 of them may be excluded from points and fees

Why This Is the Correct Answer

Up to and including two bona fide loan discount points payable by the borrower are excluded, but only if the rate from which the loan rate is discounted does not exceed by more than one percentage point the comparable Treasury yield. Other choices: the exclusion is capped at two; some exclusion is available; and the cap is 2 rather than 4. Source: N.Y. Banking Law § 6-l(1)(g)(ii)(1)

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