Mortgages are mainly divided between qualified mortgages and non-qualified mortgages.
Non-QM loans are mortgages that don’t meet the Consumer Financial Protection Bureau’s (CFPB) requirements to be considered qualified mortgages. A qualified mortgage meets the CFPB’s “ability to repay” rule, which requires that lenders vet your finances and set terms on the loan that you’re likely to be able to pay back.
A qualified mortgage is a mortgage that meets certain requirements for lender protection and secondary market trading under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Dodd-Frank Act is financial reform legislation passed in 2010 in order to protect consumers from the unfair and deceptive practices and products that led to the 2008 crisis.
Qualified mortgages are underwritten to Fannie Mae and Freddie Mac standards. Qualified mortgages must meet certain standards set forth by the Dodd Frank act such as no risky loan features such as balloon payments, debt to income (DTI) can't exceed 43%, no excessive upfront costs and fees and no loan terms longer than 30 years.
Many loans are sold to the government-sponsored enterprises Fannie Mae and Freddie Mac or other aggregators, which can repackage the loans as mortgage-backed securities, or MBS, or hold them on their own books and collect the interest from borrowers.
Non-qualified mortgages are written by lenders who may use part of Fannie Mae and Freddie Mac underwriting standards but they have their own underwriting standards which is why some non-qualified lenders will write loans for self employed people who have less than 2 years of self employment. They don't need to follow Fannie Mae Selling Guidelines or Freddie Mac guidelines as they are not selling to them in the secondary market. These non-qualified mortgage lenders can then sell their loans to investors other than Fannie Mae and Freddie Mac and other GSEs.
A government-sponsored enterprise (GSE) is a quasi-governmental entity established to enhance the flow of credit to specific sectors of the U.S. economy. GSEs do not lend money to the public directly; instead, they guarantee third-party loans and purchase loans in the secondary market, ensuring liquidity. The lenders can sell their loans on the secondary market to the GSEs and other investors and free up more cash to make more loans.
Non-qualified mortgages give borrowers additional lending options. People who can benefit are self-employed people, business owners, real estate investors and those who don't have the credit or income documentation to qualify for qualified mortgages. Non-qualified mortgages allow for higher levels of debt to income and more flexible documentation of income. They can be a great way for people to build their net worth.