Section 4. A lender shall not make a high-cost home mortgage loan unless the lender reasonably believes at the time the loan is consummated that 1 or more of the obligors, will be able to make the scheduled payments to repay the home loan based upon a consideration of the obligor's current and expected income, current and expected obligations, employment status, and other financial resources other than the borrower's equity in the dwelling which secures repayment of the loan.
There shall be a presumption that the borrower is able to make the scheduled payments if, at the time the loan is made, and based on the monthly payments as calculated based on the index plus the margin at the time the loan is made, in the case of loans with lower introductory rates: (1) the borrower's scheduled monthly payments on the loan, including principal, interest, taxes, insurance, and assessments, combined with the scheduled payments for all other debt, do not exceed 50 per cent of the borrowers documented and verified monthly gross income, if the borrower has sufficient residual income as defined in the guidelines established in 38 CFR 36.4337(e) and VA form 26–6393 to pay essential monthly expenses after paying the scheduled monthly payments and any additional debt.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 183c - Predatory Home Loan Practices
Section 3 - Certification From Counselor With Third-Party Nonprofit Organization
Section 4 - Obligor's Ability to Make Payments; Presumption
Section 5 - Prepayment Fees and Penalties
Section 6 - Limitation on Financing of Points and Fees
Section 7 - Interest Rate Increases
Section 8 - Limitation on Scheduled Payments
Section 9 - Demand for Repayment
Section 10 - Periodic Payment Schedule
Section 11 - No Fee to Modify or Defer Payment
Section 12 - Consolidation of Payments
Section 13 - Forum for Disputes
Section 14 - Lender's Payment of Contractor
Section 15 - Affirmative Claims and Defenses Available; Applicability
Section 16 - Default in Connection With Refinancing