Section (e)(1)(i) and you will (ii) offer a safe harbor otherwise assumption from compliance, correspondingly, to your cost feature standards away from § (c) to own loan providers and you may assignees regarding protected transactions one to fulfill the standards regarding an experienced mortgage not as much as § (e)(2), (4), (5), (6), (7), otherwise (f)

step one. General. Area (c) demands a collector while making a reasonable and you can good faith commitment within or just before consummation that a customers will be able to pay a protected transaction.

(i) Secure harbor for money which aren’t highest-charged shielded transactions and knowledgeable money. A collector otherwise assignee off a professional home loan complies with the payment element requirements out-of part (c) associated with point in the event the:

(A) The mortgage are an experienced financial just like the defined for the part (e)(2), (4), (5), (6), or (f) for the area that’s not a top-charged protected transaction, since the outlined inside the part (b)(4) on the area; otherwise

(B) The mortgage try an experienced mortgage due to the fact discussed within the part (e)(7) on the part, whether or not the mortgage was a top-cost shielded purchase.

To have suggestions for determining whether a loan is actually a high-charged shielded deal, get a hold of comments 43(b)(4)-step 1 due to -step three

step one. Standard. Significantly less than § (e)(1)(ii), a creditor otherwise assignee out of an experienced mortgage significantly less than § (e)(2), (e)(4), or (f) that is a higher-priced shielded transaction is actually presumed to help you adhere to this new repayment ability criteria regarding § (c). Read more