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All Forum Posts by: Joshua Talamante

Joshua Talamante has started 2 posts and replied 16 times.

Thank you for your reply, @Jeff S. This is a new take on the matter. I hadn't heard it from this prospective. But let me clarify; are you saying that if I lend on a primary residence, for a non-personal reason, then this loan would not be subject to TILA, RESPA, etc, along with being exempt from usury laws?
That makes sense, Erik. Can you explain to me what a cross collateral loan is? And how is a cash out second different than just a regular first lien position loan? 

Quote from @Erik Estrada:
Quote from @Joshua Talamante:
I am wondering if anybody has knowledge/ideas on private lending on a primary residence. To date, I've only dealt with lending on investment property, thus falling into the business loan category. I've never done lending on a primary residence, and I understand the usury laws and such are much different. If anybody has experience in private lending on a primary residence, I would like to pick your brain. 

 In CA you can do them however, it is a very NICHE loan program. Very few hard money lenders will do it. But if it is actually a business purpose use (typically a cross collateral loan or Cash out 2nd Mortgage) they will do it. 

I have not seen any hard money lenders lend on a primary purchase. You are better off doing a Non QM loan if you have trouble showing income. 


Quote from @Andrew Zamboroski: I'm slowly discovering that sticking to non-primary residence is the way to go. This loan isn't for me, but for a client of a colleague of mine. I was considering lending the funds, but it appears that it most certainly won't be worth it. Thank you for replying. 
Quote from @Joshua Talamante:
I am wondering if anybody has knowledge/ideas on private lending on a primary residence. To date, I've only dealt with lending on investment property, thus falling into the business loan category. I've never done lending on a primary residence, and I understand the usury laws and such are much different. If anybody has experience in private lending on a primary residence, I would like to pick your brain. 
So many rules to consider when lending privately on owner occupied that it is often not worth it. It makes the hard money much harder. Have you tried a standard non-qm loan?

Quote from @James Lucenti: I agree in obtaining legal counsel. Thank you for the recommendation. I do not see myself moving in that direction, but I will certainly reach out to you if I do.

lending on a primary residence is very different from investment property lending and brings a much stricter regulatory environment. Once you're dealing with an owner-occupied home, you enter the realm of consumer lending, which triggers federal and state laws like Dodd-Frank, TILA, RESPA, and possibly SAFE Act licensing requirements. Interest rates, fees, and terms must comply with usury laws, and detailed disclosures such as APR, payment schedules, and right of rescission may be required. You may also need to verify the borrower's ability to repay, including income and debt analysis. In some cases, loan originator licensing is necessary unless you partner with a licensed mortgage professional. If you're serious about exploring this, it's wise to work with a real estate attorney who specializes in consumer lending or collaborate with a licensed mortgage broker to ensure everything is handled compliantly. Happy to connect further if you want to talk through the details.


Quote from @Jay Hinrichs: This makes a lot of sense. This is basically what I was thinking, but I appreciate your explanation. Thank you for replying. 
Quote from @Don Konipol:
Quote from @Joshua Talamante:
I am wondering if anybody has knowledge/ideas on private lending on a primary residence. To date, I've only dealt with lending on investment property, thus falling into the business loan category. I've never done lending on a primary residence, and I understand the usury laws and such are much different. If anybody has experience in private lending on a primary residence, I would like to pick your brain. 

I know relatively little of the specifics of how the SAFE Act and the CFPB apply to residential home loans, mainly because I invest and lend commercial property almost exclusively.  @Chris Seveney and @Jay Hinrichs can specific information, thoughts, and qualified opinions.


the major issue with doing loans on Owner occ.. is you must be licensed MLO and NMLS registered and then you have to follow the qualification process.. IE fully underwrite to prove the borrower can make payments etc.. CA companies do these loans frequently not all HML in CA but a hand ful do them. And go through the extra steps for the larger loans they will do there in CA.. That makes it worth it to them.  IE 1 to 5 mil dollar loans on primary residences Not many are going to do this in other parts of the country for 50 to 250k loans.

I'm in New Mexico. I see that the max interest rate AND usury rate is 15%. For the loan amount, that's not going to be worth it to me. I was just wondering if there are any legal ways around this?

I am wondering if anybody has knowledge/ideas on private lending on a primary residence. To date, I've only dealt with lending on investment property, thus falling into the business loan category. I've never done lending on a primary residence, and I understand the usury laws and such are much different. If anybody has experience in private lending on a primary residence, I would like to pick your brain. 
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