The mortgage industry will be saddled with high legal costs if the Consumer Financial Protection Bureau (CFPB) provides a low bar for attorneys to challenge a lender’s adherence to the bureau’s “ability to repay” underwriting standards, according to the Consumer Mortgage Coalition (CMC),which represents some of the nation’s largest banks.

If the CFPB adopts a “rebuttable presumption” legal standard as part of the qualified mortgage (QM) rule, it will provide an incentive for consumer attorneys to delay or stop foreclosures, the industry group says in a new letter to the CFPB.

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