Would a wrap mortgage be fined under GA Mortgage License law?

Would a wrap mortgage be fined under GA Mortgage License law?

Investor · Florence, AL · Member since 2016 · 65 posts · 20 votes
Georgia law states that any company "who directly or indirectly makes, originates, or purchases mortgage loans or who services mortgage loans" must be licensed. Would this apply to my LLC if I did a wrap mortgage on a subject-to I purchased? Or could I make it work by using a servicer for the loan?
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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    I think the onus is on the seller not the buyer... unless your then going to sell on  a wrap.. and your the seller.. check for exemptions  .. like most states allow a few year ... and or commercial purpose.

    In Oregon does not matter any loan for any purpose on 1 to 4 needs MLO with the exception you can do 3 a year with your own money.. and no more than 7 in possession.  so they have a carve out for private investors but anyone in the bizz needs license

  • Investor · Florence, AL · Member since 2016 · 65 posts · 20 votes
    9y
    Yes I'd be the seller. Individuals can be exempt, up to 5 a year, but not an LLC.
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    Well then there you go.. buy it in your name and not your LLC... and use the exemption..

  • Realtor · Douglasville, GA · Member since 2016 · 44 posts · 17 votes
    9y

    Check and see if the LLC is exempt if it's a single-owner LLC.

  • Lender · Denver, CO · Member since 2013 · 36 posts · 14 votes
    9y

    @Kim Bayless we have spoken with both an attorney and the GA Dept. of Banking and Finance, and they report that a individual is no longer allowed the exemption with regard to purchasing a note, I am not certain on seller originated notes.  We are going through the lengthy and expensive process to obtain a lender license currently...not fun.  

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