Federal Bank Regulators Issue Final Rule on Risk Weights of Modified Mortgage Loans

November 13, 2009

Federal bank and thrift regulators have issued a final rule providing that mortgage loans modified under the U.S. Department of the Treasury’s Home Affordable Mortgage Program (HAMP) will generally retain the risk weight appropriate to the mortgage loan prior to modification.

The final HAMP rule is the same as the interim final rule issued on June 30, 2009, with one modification. The final rule clarifies that mortgage loans whose HAMP modifications are in the trial period, and not yet permanent, qualify for the risk-based capital treatment contained in the rule.

The final rule will take effect 30 days after publication in the Federal Register, which is expected shortly.

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