My Question Mike:
Hey Mike:
I’m sure you’re aware of the new "Safe Act" that requires investors like me, who finance the purchasers of properties we sell, to get a Mortgage Brokers License and a Mortgage Lenders License with all the bureaucracy that goes along with it.
Do you have a "work-around" to avoid this "all-too-intrusive" and absurd law? Note that we own our properties free and clear at the time we sell them.
Regards,
Ron
Answer: Great question Ron! Quote From The SAFE ACT. The maximum amount of penalty for each act or omission described in paragraph (a) of this section shall be $25,000.
HUD is poised to take away our rights to offer owner or seller financing on property we own.
Under the Safe Mortgage Act proposal, you can only offer owner financing on the home you live in one time every 3 years or you must become a licensed mortgage originator.
The SAFE Act is always lurking in the background. It is an ugly law for consumers and investors. The sole intent and purpose of this law is to protect consumers from predatory lenders. There are so many proposed procedures, many of which are being handed down to each state to handle all of the details.
Your ultimate and final answer Ron will be your state’s implementation of this insane law.
Watch for an upcoming Mike’s Mondays on this very topic with my real estate investor expert attorney Harry Borders.
Here are some links if you wish to dig around yourself. I have included the hud page for the SAFE Act and some more.
http://www.hud.gov/offices/hsg/ramh/safe/smlicact.cfm
(Item F Page 66551 of the HUD Summary Comments).
The HUD proposals under the Safe Act are all part of the fall out
from the failed lending institutions and related to HR 1728 and HR 4173.
Mike Butler
Tagged with: Seller Financing Legal










Mike–why are we “investors” & “The many gurus” in RE land—not getting a consortium together & suing HUD & the US Govt. –for infringing on the rights & privileges of our freedoms & the right to do what we choose w/ our properties?? This is the most insane proposal–to date-other than the EPA ruling on led based paint–that will choke the life out of investors & cause severe & undue problems to all citizens-& (mom & pop)-real estate investors,etc!! Not to mention place a huge burden on small businesses in this country-that choose to invest in real estate!! These new rulings are so anti-small business –it’s almost unthinkable!! What says you????