Title 15 › CHAPTER 41 — CONSUMER CREDIT PROTECTION › SUBCHAPTER I — CONSUMER CREDIT COST DISCLOSURE › Part B — Credit Transactions › § 1639c
Requires lenders to make sure a borrower can pay a home loan before the loan closes. Lenders must check and document income, credit history, debts, job status, and other money sources (but not the borrower’s home equity). They must verify income with things like W–2s, tax returns, payroll records, bank records, or IRS tax transcripts or a quick third‑party check. If more than one loan will be on the same home, the lender must check the borrower can pay all of the payments together. Lenders must figure payments using a schedule that pays the loan off over its term. Special rules apply for adjustable, interest‑only, and negatively amortizing loans, and lenders must warn borrowers in writing if a loan could cause negative amortization. Reverse mortgages and short‑term bridge loans of 12 months or less are not covered. Lenders and loan buyers get a legal presumption that the borrower can repay if the loan is a “qualified mortgage.” A qualified mortgage must have verified income, acceptable fees (points and fees no more than 3 percent), a term of no more than 30 years, a full‑amortization payment plan (for ARMs underwriting uses the maximum rate in the first 5 years), and no negative amortization or improper deferral or big balloon payments except in limited cases. Small lenders that keep loans in their own portfolios and follow the rules (covered institutions under $10,000,000,000 in assets) get extra protection. Loans that are not qualified mortgages cannot have prepayment penalties. Qualified mortgages may have phased limits on prepayment penalties: 3% in year 1, 2% in year 2, 1% in year 3, and none after 3 years. The Bureau will publish average prime offer rates and make rules. Lenders may not finance single‑premium credit insurance, may not force arbitration in the loan contract, must give notices about state anti‑deficiency protections and about partial‑payment policies, and timeshare credit is not covered.
Full Legal Text
Commerce and Trade, Source: USLM XML via OLRC
Legislative History
Reference
Citation
15 U.S.C. § 1639c
Title 15, Commerce and Trade
Last Updated
Sep 23, 2026
Release point: 119-110