What is excluded from the QM points and fees calculation?
In general, the following items are excluded from the points and fees calculation for a QM loan:
- Interest fees or the time-price differential;
- FHA Upfront Mortgages Insurance Premiums (UFMIP) and annual Mortgage Insurance Premiums (MIPs);
- USDA Guaranty fees;
- VA Funding fees;
- Monthly private mortgage insurance (PMI). The portion of upfront PMI that does not exceed the current FHA upfront MIP may also be excluded if the premium is refundable on a prorated basis and a refund is automatically issued upon loan satisfaction.
- Bona fide third-party fees only if they are not retained by the creditor, broker, an individual LO, or affiliate of either;
- Real estate related fees if reasonable in amount and not paid directly or indirectly to a creditor or creditor’s affiliate;
- Up to two bona-fide discount points (as defined under the ATR/QM Rule) may be excluded if the interest rate before the discount does not exceed the APOR for a comparable transaction by more than 1% point; and
- Up to 1 bona fide discount point if the interest rate before the discount does not exceed the APOR for a comparable transaction by more than 2 points.