Regulatory measures have been implemented to mitigate the risks associated with subprime lending. These measures aim to protect both borrowers and lenders, as well as maintain the stability of the financial system. The following are some key regulatory measures that have been put in place:
1. Ability-to-Repay Rule: The Ability-to-Repay (ATR) rule, introduced by the Consumer Financial Protection Bureau (CFPB) in 2014, requires lenders to assess a borrower's ability to repay a mortgage before extending credit. Lenders must consider factors such as income, employment status, and debt obligations. This rule helps prevent borrowers from obtaining loans they cannot afford, reducing the risk of default.
2. Qualified Mortgage (QM) Standards: The QM standards were established alongside the ATR rule and provide a safe harbor for lenders who originate mortgages that meet certain criteria. These criteria include limitations on loan features, debt-to-income ratios, and points and fees charged to borrowers. By adhering to these standards, lenders receive legal protection against borrower claims of predatory lending practices.
3. Enhanced Mortgage Disclosures: The CFPB also introduced the Know Before You Owe rule, which combines the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) disclosures into a single Loan Estimate and Closing
Disclosure. These enhanced disclosures provide borrowers with clear and comprehensive information about loan terms, costs, and potential risks, enabling them to make informed decisions.
4. Strengthened Underwriting Standards: Following the 2008 financial crisis, regulators have encouraged lenders to adopt more stringent underwriting standards for subprime loans. This includes verifying income and employment, assessing creditworthiness, and considering a borrower's ability to handle potential
interest rate increases. These measures help ensure that borrowers are qualified and can reasonably repay their loans.
5. Increased Supervision and Enforcement: Regulatory bodies such as the CFPB, Federal Reserve, and Office of the Comptroller of the Currency (OCC) have enhanced their supervision and enforcement activities to monitor compliance with regulations. They conduct regular examinations of lenders, investigate complaints, and take enforcement actions against those found to be engaging in unfair, deceptive, or abusive practices.
6. Risk Retention: The Dodd-Frank
Wall Street Reform and Consumer Protection Act introduced the risk retention rule, which requires securitizers of mortgage-backed securities to retain a portion of the credit risk associated with the loans they securitize. This rule aligns the interests of lenders and investors, as it discourages the
origination of risky loans by ensuring that lenders have "skin in the game."
These regulatory measures collectively aim to mitigate the risks of subprime lending by promoting responsible lending practices, improving
transparency, and reducing the likelihood of borrower default. While these measures have made significant strides in addressing the risks, ongoing monitoring and periodic reassessment are necessary to ensure their effectiveness and adapt to evolving market conditions.