“Willing and able” to pay
A lender evaluating a mortgage package considers a buyer’s willingness and capacity to pay. To comply, borrowers applying for a consumer mortgage are evaluated by the lender for their ability-to-repay (ATR), part of Regulation Z (Reg Z), which implements TILA. [12 Code of Federal Regulations §1026.43 et seq.]
Generally, the debt-to-income ratio (DTI) for conventional mortgages, also called the debt-to-income standard, limits the buyer’s:
- monthly payments for the maximum purchase-assist mortgage, including impounds for hazard insurance premiums and property taxes, to approximately 31% of the buyer’s monthly gross income; and
- long-term debt, plus the monthly payments, to approximately 41% of the buyer’s gross monthly income. [See RPI Form 229-1, 229-2 and 230]
Lenders use the DTI ratio to evaluate the buyer’s ability to make timely mortgage payments. This is referred to as buyer mortgage capacity. [See RPI Form 230]
The buyer’s willingness to make mortgage payments is evidenced by the credit report. The credit history demonstrates to the lender whether or not the buyer has a propensity to pay, called creditworthiness.
The DTIs can be adjusted depending on one or more compensating factors, such as if the buyer has:
- ample cash reserves;
- a low LTV; and
- spent more than five years at the same place of employment.