Negative amortization occurs when the scheduled payment is less than the interest accruing each period. The unpaid interest is added to the loan principal, causing the balance to grow rather than shrink. The borrower is paying but going deeper into debt.
How Negative Amortization Occurs
- ✦Borrower makes a minimum payment set below the current interest charge
- ✦Unpaid interest capitalizes and is added to the outstanding principal balance
- ✦Most common in option ARM products from the early-to-mid 2000s where borrowers could choose a minimum payment option
- ✦Many option ARMs capped negative amortization at 110% to 125% of the original loan amount before triggering a mandatory payment recast
- ✦A recast increased the payment to fully amortize the inflated balance over the remaining term, often dramatically
Post-2010 Regulatory Status
Under the Consumer Financial Protection Bureau Ability-to-Repay rule, a Qualified Mortgage cannot feature negative amortization. Standard QM safe harbor requires fully amortizing payments and prohibits balloon payments except for certain small-creditor and rural lenders. Non-QM lenders are still subject to the ATR rule even though they are not required to meet QM standards. A non-QM product with negative amortization features would carry significant regulatory risk for the originator and is extremely rare in today's market.
When MLOs Encounter Negative Amortization Today
- ✦Refinancing a borrower out of a legacy option ARM that still has remaining neg-am capacity
- ✦Reviewing old loan documents to understand a client's current payoff trajectory and whether their balance has grown
- ✦Commercial real estate loan structures with PIK (payment-in-kind) interest features that approach neg-am territory
- ✦Clients who received a loan modification with deferred interest that was capitalized into the balance
Appraisal and LTV Issues on Neg-Am Refinances
- ✦If the balance has grown through negative amortization, the LTV may now exceed the original purchase LTV
- ✦A borrower who put 20% down on a $400,000 purchase at closing may now have a balance exceeding the original purchase price
- ✦A cash-in refinance or principal reduction may be required to get LTV to an acceptable level for conventional programs
- ✦PMI may now apply on a loan that originally had no PMI due to adequate down payment
Aria can analyze a legacy option ARM or neg-am loan and identify refinance options including required paydown to hit conventional LTV thresholds. Ask at vicariointel.com.
7-day free trial. No credit card required.
Ask Aria About Refinancing Out of a Neg-Am Loan →