Freddie Mac's Primary Mortgage Market Survey (PMMS) no longer provides regional breakouts for the 15-year and 30-year fixed-rate mortgages, or the 5/1 hybrid ARM. Every week, lenders throughout the country are surveyed on the rates, fees, and points for certain mortgage products.

The elimination of the regional breakouts had caused uncertainty for lenders in New York since the subprime calculation is pegged to the Freddie Mac Northeast Regional PMMS. Under Section 6-M of the New York Banking Law, a subprime loan, if insured by the FHA, means "an initial interest rate or the fully indexed rate, whichever is higher, on the loan exceeds by more than two-and-a-half percentage points for a first lien loan, or by more than four-and-a-half percentage points for a subordinate lien loan," the average commitment rate as published by the Freddie Mac Regional PMMS in the week prior to the week in which the loan estimate is provided.

DFS issued guidance clarifying Section 6-M in light of Freddie Mac's changes on January 20, 2016. Specifically, the DFS promulgated that the Freddie Mac PMMS average rate for loans throughout the United States would constitute the new threshold for determining whether a loan is subprime.