Owner Finance!

7 posts by 7 users

Ali Samana

Real Estate Investor from Frisco, TX, Texas

May 04 '10, 09:57 PM

I have a seller right now who wants to sell his house for 30k. This price works for me, because I could probably put in 15k in the house and sell it for mid 80s. He also agreed to 15k down and the other 15k in 6mos, no interest. When I called my realtor to draft up the paperwork, she told me that owner financing is no longer available unless if the seller lived there, and I remembered reading about that here.

So, could I not re-structure this deal and 'buy' this house for 15k, and then have the seller put a lien on the house once I have the title for the other 15k?

I am fairly new, so I am not sure if what I said is even possible or a good idea. Any workarounds to this law? I thought about L/O as another alternative, but I wouldn't have the deed in my name.

Edited Jun 26 2010, 12:43

Don Konipol

Real Estate Lender from Houston, Texas

May 05 '10, 12:52 PM
4 votes

I think your realtor has some bad information. New Hud rules about owner financing were to go into effect April 1 but have been delayed till June 1. The rules do not eliminate owner financing on single family homes, they do state that a registered mortgage originator needs to be employed to "originate" the loan. This would entail taking this deal to a mortgage originator who would originate the paperwork, get all disclosures signed, and make sure the financing does not violate HUD guidelines (if you think this is uncalled for interference by a now socialistic leaning government in private business affairs you are right!). The seller can still provide the financing, obviously the cost will be increased by the fee charged by the mortgage originator. Although I expect that once this HUD mandate takes effect the fees will be all over the board, there is actually no reason that they should be charging any more than an attorney would per hour.

Edited Jun 26 2010, 12:44

Jon Klaus Verified Moderator Donor

Investor from Garland, Texas

May 06 '10, 04:36 AM

Don, can you point us to a source on these new rules? Thanks

Edited Jun 26 2010, 12:44

Jon Klaus, SellPropertyFast
E-Mail: [email protected]
Telephone: 214-929-6545

Sammy Johnson

Homeowner from Dalton, Georgia

Jul 27 '10, 07:57 AM
1 vote

Virgin money has a website that takes care of these legal papers too

Alysha Duran

Real Estate Investor from Malibu, California

Aug 20 '10, 08:31 AM

You don't have to be licensed. The way it passed was you can do up to 3 a year I think.

Bryan Hancock

Investor from Round Rock, Texas

Aug 20 '10, 10:57 AM

You don't have to be licensed. The transaction just has to go through a RMLO after the end of this month when the Safe Act will start to be enforced. We have a transaction closing at the end of this month precisely to avoid the additional RMLO "tax" on owner-financed transactions.

Going forward the buyer will just have to pay an extra $500 to our RMLO to get it done with the disclosures and such.

Medium realstarter2Bryan Hancock, RealStarter
E-Mail: [email protected]
Telephone: 1-800-577-0401
Website: http://www.realstarter.co
My Latest Commercial Property Executive Article On Title III +: http://tinyurl.com/TitleIIICPE

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