Mortgage Lending: 7.2.3.3.3.3 Presumption of compliance and state law claims
Qualified-mortgage status should not foreclose an inquiry into whether, under state law, the loan was foreseeably affordable or otherwise abusive.159 Practitioners should remember that the Dodd-Frank Act merely requires an assessment of ability to repay; it does not require that loans actually be affordable. It is entirely possible that a creditor could know that a mortgage was foreseeably unaffordable and make the loan anyway.