For banks to qualify for the exemption, they would also have to collect information from the borrower showing proof of income, credit history, and ability to make monthly payments.
The new rule is designed to limit banks’ exposure to risk and deter the kind of loans that brought on the 2008 financial crisis.
Ahead of the crisis, banks packaged and sold bundles of risky mortgages with teaser rates that increased after only a few years. Many borrowers ended up defaulting on the loans when the interest rates spiked. As a result, the value of the mortgage securities plummeted. Experts say banks had very little of their own money invested in those mortgage securities, and that led them to take greater risks that contributed to the financial crisis.
The proposal has been awaited by Wall Street, which is looking to revive the market for mortgage securities. It has remained weak since the financial crisis, largely because investors are unsure about the quality of the loans. Other federal regulatory agencies are expected to back the proposal in the coming weeks. It could be adopted later this year.
Sheila Bair, FDIC chairwoman, said the mortgages that qualify for exemption “will be a small slice’’ of the mortgage securities market overall.
Bair said many people have expressed concern that the requirements for exempting mortgages could limit the access to mortgages of low- and moderate-income borrowers. “We take these concerns very seriously and want to make sure they are fully addressed,’’ she said.
The FDIC is seeking comments on the possible impact of the mortgage requirements on low- and moderate-income borrowers during the 60-day public comment period on the proposed rule. The FDIC also voted to advance rules requiring financial institutions with $50 billion or more in assets to submit a plan detailing how they would wind down operations if they experienced severe distress or failed. About 125 companies would be subject to the requirement.
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