The new Consumer Financial Protection Bureau could allow borrowers to challenge foreclosures in court as unqualified mortgages. The qualified mortgage rule came out of the Dodd-Frank Act, which aimed to outlaw risky and misleading home loans. The rule forbids banks from issuing loans with certain features such as negative amortization, balloon payments, interest-only payments, or terms exceeding 30 years. It also could require banks to verify the borrower’s ability to repay the loan.

Industry attorneys are concerned for the legal work the new rules will create. Richard Andreano, a partner with Ballard Spahr, worries that all future foreclosures will go to court.

“It would be much more expensive if everyone did this. It would get to a point where it would almost be malpractice for a foreclosure defense attorney not to pursue the claim,” said Mr. Andreano.