Whether or not a loan is covered by RESPA does not determine if the ATR/QM rules apply to the loan. You’ll look to the scope of 1026.43 to determine what transactions are covered. Typically a a consumer purpose, dwelling secured loan is covered unless one of the exemptions apply (Some exemptions include: HELOCs, loans secured by time share, reverse mortgage, temporary/bridge loans, construction phase of 12mths or less of constr./perm, and others you can find here: https://www.ecfr.gov/cgi-bin/text-idx?SID=c9cc74255c39fcc4f7169558a682f32d&node=12:9.0.1.1.1.5.1.13&rgn=div8).
