The Federal Deposit Insurance Corporation, US Securities & Exchange Commission, Federal Reserve System, Federal Housing Finance Agency, and Department of Housing and Urban Development unveiled their new risk retention proposal today. The QRM proposal would mandate that banks maintain at least five (5%) percent of the risk of mortgage securities they package.

The proposed QRM rule is already controversial because of concerns the rule will further eliminate competition in the mortgage industry, drive up consumer costs, and slow housing sales even further. The controversy isn’t expected to die either because of language in the proposal that prohibits real estate agents and brokers from donating or “Gifting” part of their commission to borrowers at the transaction. Under the proposal the real estate agents and/or brokers would need to adjust the sales price downward if they want to provide a “Gift” to a borrower for a transaction. The Gift language prohibition could trigger disclosure issues in connection with a loan. (See page 198 of 233) of QRM proposal.

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