Study notes. Free, plain-English reference for the NMLS SAFE exam. Not legal advice.

Net Tangible Benefit

By Michael George · NMLS #2280851

Updated

mortgagedisclosurerefinance

A net tangible benefit requirement asks whether a refinance meets a loan program's borrower-benefit standards. The test depends on the program and the old and new loans. A VA Interest Rate Reduction Refinance Loan (IRRRL) refinances an existing VA-backed mortgage; it is not a Fannie Mae refinance program. VA's IRRRL overview

VA IRRRL rate requirements

For a fixed-rate loan refinanced into another fixed-rate loan, the new interest rate must be at least 0.50 percentage point lower. For a fixed-rate loan refinanced into an adjustable-rate mortgage, the reduction must be at least 2 percentage points. Discount points used to meet these thresholds have additional restrictions, including loan-to-value limits when points are financed. An ARM-to-fixed IRRRL may have a higher interest rate, subject to the other applicable requirements. VA Circular 26-19-22, paragraph 3.b; 38 CFR 36.4307(a)(3)

Cost recoupment is a separate test

VA also requires applicable borrower-paid fees and costs to be recouped through the reduction in monthly principal and interest within 36 months. The calculation includes applicable costs paid at closing or financed, subtracts lender credits, and excludes the VA funding fee, escrow amounts, and prepaid items such as taxes and insurance. If monthly principal and interest do not decrease, the borrower cannot incur costs subject to this test. This matters for ARM-to-fixed and shorter-term refinances too. VA Circular 26-19-22, paragraph 3.a; Change 1

Seasoning and the borrower's decision

The new loan must close no earlier than the later of 210 days after the first payment due date on the old loan and the date the borrower has made six consecutive monthly payments. This seasoning requirement is separate from the benefit and recoupment tests. VA Circular 26-19-22, paragraph 3.c

Passing the program tests does not establish that a refinance is the best financial choice. Compare costs, payment savings, the new loan term, and how long you expect to keep the loan. A lower payment obtained by extending repayment can increase total interest. CFPB and VA refinancing guidance

Related concepts: fixed-rate mortgages, adjustable-rate mortgages, and closing costs.

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