EU Mortgage Credit Directive and AI use cases

Depends on design under the EU AI Act

The tier depends on how the system is used, for example whether it decides on access to an essential service.

• AI home loan assistant with pre qualification

  Answering questions and giving indicative estimates from published rules is limited risk with an Article 50(1) disclosure that the customer is talking to an AI system. If the assistant evaluates an individual's creditworthiness to decide or filter access to a loan, it falls under Annex III point 5(b) and is high risk.

• AI income and document verification for mortgage underwriting

  Classification and indexing of documents for a person to review may fall under the Article 6(3) derogation for narrow procedural tasks, if the provider documents that assessment. That derogation does not apply once the system profiles a natural person: calculating a named borrower's qualifying income from their pay stubs and bank statements evaluates that person's economic situation, which is profiling under GDPR Article 4(4). A system intended to calculate qualifying income for the credit decision is high risk under Annex III point 5(b), evaluating the creditworthiness of natural persons, whether or not a person reviews its output. Human oversight of that output is a separate obligation under Article 14, not a way to take the system out of the high risk category.

• AI support for property valuation and appraisal

  An automated valuation model values the collateral, not the person, so it is not itself listed in Annex III; the EU Mortgage Credit Directive treats property valuation (Article 19) and the creditworthiness assessment of the borrower (Article 18) as separate steps, and Article 18(3) says the creditworthiness assessment must not be based predominantly on the value of the property exceeding the amount of credit, or on an assumption that the property's value will increase. The valuation becomes relevant to Annex III point 5(b), creditworthiness assessment of natural persons, only where its output is built into a separate system that evaluates the borrower's creditworthiness, and whether that happens depends on how the lender designs the credit decision, not on the valuation model itself.