What is a non-QM loan?
A non-QM (non-Qualified Mortgage) loan is any mortgage that does not meet the federal Qualified Mortgage definition under the CFPB's Ability-to-Repay rule (12 CFR §1026.43). Non-QM lenders still verify ability to repay — they just do it using documentation other than the QM-standard tax returns, paystubs, and W-2s. Bank statements, P&Ls, asset balances, and property cash flow are all acceptable income-verification methods on non-QM programs.
What's the difference between QM and non-QM?
Qualified Mortgage (QM) loans meet a specific set of CFPB criteria — verified income via tax returns or W-2s, DTI under 43% (or QM Patch equivalents), no risky features like negative amortization or interest-only beyond the QM safe harbor, and points-and-fees inside the QM cap. Non-QM loans can break one or more of those rules — they may use alternative income docs, allow higher DTI, allow interest-only, or carry higher fees — provided the lender still documents the borrower's ability to repay.
What is the Ability-to-Repay (ATR) rule?
The Ability-to-Repay rule (Dodd-Frank, 2014) requires every residential mortgage lender to make a reasonable, good-faith determination that the borrower can repay the loan. The rule does not dictate which documents prove that — it dictates that some reasonable proof must exist and must be in the file. Bank statements, P&Ls, and asset depletion calculations all satisfy ATR even though they do not satisfy QM.
Why use a non-QM loan instead of a conventional or FHA loan?
Use a non-QM loan when your tax returns understate your real cash flow (most self-employed borrowers), when you don't have US credit (foreign national), when you file under an ITIN, when you're buying a property type the agencies won't finance (condotel, non-warrantable condo, short-term rental), or when you're scaling investment property beyond the 10-financed-property Fannie limit. If your scenario fits a QM box, take the QM loan — pricing is better. If it does not, non-QM is the door that's still open.
How much higher are non-QM rates?
Typically 0.75% to 2.5% above comparable conventional or jumbo pricing, depending on program, LTV, credit, and documentation type. Bank statement loans and DSCR loans price tightest; foreign national and condotel loans price widest. The premium reflects the absence of agency take-out and the higher reserve requirements lenders hold against these loans.
What documents do non-QM lenders ask for?
Always: photo ID, asset statements (most recent two months), credit authorization, purchase contract or refinance subject-property data. Income docs depend on program: 12 or 24 months of bank statements, a 12 or 24-month P&L, a CPA letter, brokerage statements for asset depletion, written VOE, or signed leases for DSCR. We send a tailored document checklist after the initial scenario review — no wasted requests.
Can I close a non-QM loan in an LLC?
DSCR loans, foreign national loans, and most investment-purpose non-QM programs allow LLC vesting. Owner-occupied non-QM (bank statement, P&L, asset depletion on a primary residence) closes in personal name. The vesting question is usually answered by occupancy, not by program.
Are non-QM loans regulated?
Yes. Non-QM lenders are subject to the same federal consumer-protection rules as QM lenders — TRID disclosure, RESPA, ECOA, HMDA, and the Ability-to-Repay rule itself. They are also state-licensed under the SAFE Act and report to NMLS. The "non-QM" label refers to one specific CFPB safe-harbor designation, not to whether the loan is regulated.