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A Return to Pre-2008 Lending Rules? Banks Are Ready to Open the Financial Floodgates to Borrowers

by TheAdviserMagazine
4 months ago
in Markets
Reading Time: 6 mins read
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A Return to Pre-2008 Lending Rules? Banks Are Ready to Open the Financial Floodgates to Borrowers
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In This Article

Okay, so liar loans and the opportunity to buy a home in a deceased relative’s name might not be coming back anytime soon. However, the wild-and-windy lending days of the pre-2008 crash are moving a little closer to mainstream America as banks aim to make mortgage lending cheaper and easier.

The Dodd-Frank laws, put in place to prevent the kind of rampant fraud and bad lending practices documented in the movie The Big Short, are not going anywhere. That means qualified residential mortgages (QRMs) must still avoid risky features such as negative amortization, teaser rates, and most balloon payments. Full doc underwriting will also remain in place. 

However, recent comments from Federal Reserve officials and new regulatory reports point to a deliberate effort to put banks back at the center of the mortgage conversation after years on the back foot.

Look Forward to Getting a Loan

Federal Reserve Vice Chair Michelle Bowman said in a speech that the Fed is considering capital changes that would “encourage bank participation in mortgage servicing.” It plans to accomplish this by making it cheaper for banks to service mortgages in-house rather than outsourcing. In banking terminology, that means removing the requirement that banks deduct mortgage servicing assets from core regulatory capital while continuing to apply a 250% risk-weight loss to those assets. Bowman described it as a way to “better align capital requirements with actual risk.”

What that means for investors and flippers is that loan requirements could ease—lower LTV requirements and better underwriting—potentially improving pricing and availability for buyers who can bring more equity to the table, i.e., a higher down payment.

Why the sudden change? It appears that banks realized their bottom line had some wiggle room, as they made it too difficult for homebuyers and investors to get mortgages. In Bowman’s words, financial institutions’ hardline approach to mortgages “has been costly for banks, consumers, and the overall mortgage system.” The Fed’s vice chair added:

“Banks hold substantial numbers of mortgages with low loan-to-value ratios. By requiring disproportionately high capital, we reduce a bank’s ability to deploy capital to support the needs of their community. In light of these considerations, I am open to revisiting whether the capital treatment of MSRs and mortgages is appropriately calibrated and is commensurate with the risks.”

Community Banks Could Have Their Restrictions Eased

U.S. banking agencies have proposed easing the community bank leverage ratio from 9% to 8% and extending the time small banks have to return to compliance, which they say will keep capital strong while giving local lenders more room to operate. That’s vital for mom-and-pop investors who often rely on community and regional banks for small-balance investment loans that larger national lenders often ignore.

What This Means for Buy-and-Hold Investors and Flippers

The immediate benefit for small investors and flippers is likely to be greater access to capital. More lenders competing for your business puts you—the investor—in the driver’s seat regarding loans and terms. 

Industry groups such as the Mortgage Bankers Association (MBA) have said that the current capital framework has discouraged banks from competing aggressively in mortgage origination and servicing, particularly compared to nonbank lenders, including private and hard money operators. Responding to Bowman’s speech, an MBA spokesperson said, “A more appropriately calibrated approach, particularly with respect to mortgage servicing rights and mortgage loans, will strengthen banks’ ability to serve creditworthy borrowers while maintaining safety and soundness.”

Banks Can Afford More Risk

Banks are flush with cash and can afford to take some risks by lending money in situations they would have previously backed away from. U.S. banks generated about $300 billion in profits in 2025, a record level driven by higher interest margins and relatively low credit losses, according to the Financial Times. By loosening lending criteria while keeping Dodd-Frank protections in place, banks hope to thread the needle between viability and responsibility.

Why Community Banks Are Still the Go-To Source for Investors

If an investor prefers to partner with a bank rather than a hard money lender or private money lender, a community bank is still one of the best places to borrow money. These are bedrock investor loans, which tend to have lower rates than mainstream banks.

1. Conventional investment mortgages (one to four units)

For single-family rentals, duplexes, triplexes, and fourplexes, conventional lending requires a 20%-25% down payment, fixed 30-year terms, and is based on your credit score, income, and the subject property’s rents. Community banks are somewhat more flexible with investments than mainstream banks because they are in the market and might be more forgiving with a quirky property, especially if they keep the loan in-house.

2. Portfolio loans

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Portfolio loans are usually kept on the bank’s books rather than sold to Freddie Mac and Fannie Mae, allowing the bank greater flexibility in property type, borrower profile, and structure. They are useful for buildings that need work and small multifamily properties with over four units, as well as mixed-use buildings, and for investors with multiple existing mortgages that do not fit strict agency limits.

3. Rental portfolio and “blanket” loans for multiple doors

Once you own multiple doors, doing one loan per property becomes cumbersome. A rental portfolio, or “blanket” loan, offered by a community or regional bank, is useful in these situations. Banks will usually finance $300,000 to over $6 million with 20% down on new purchases and 75% LTV. They allow an investor to free up equity for more deals while maintaining a single point of contact who understands your business strategy.

4. DSCR-style loan—where the property qualifies for the loan

Debt service coverage ratio (DSCR) loans have become an investor buzzword in recent years. Unlike conventional loans, it poses the question, “Does this property’s rent cover the mortgage and expenses?” 

A 2025 DSCR overview explains that lenders typically want a DSCR of about 1.1 to 1.2 or higher, meaning that the property’s net income is at least 10-20% of the total monthly debt payment, with down payments in the 20%-30% range.

5. Small-balance commercial real estate loans (five-plus units + mixed use)

These are go-to loans for small apartment buildings and mixed-use and business-purpose rentals, typically offering $2 million to $3 million with flexible terms and local underwriting, tailored to an investor’s needs.

Final Thoughts

Now that we’ve established that 2026 won’t turn into a banking bacchanalia, where part-time Uber delivery drivers suddenly start buying preconstruction luxury condos in Miami, sound financials still need to be in place to get a loan. That means good credit, proof of income, and cash reserves. 

However, with those in place, it’s likely you’ll be able to qualify for higher loan amounts than you would have previously, and with fewer hoops to jump through. If you plan to invest in 2026, shopping around with local lenders to gauge their changing loan qualification criteria is a good move while you get your finances together.



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