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Updated almost 6 years ago on . Most recent reply

User Stats

130
Posts
17
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Patrick Sears
  • Midlothian, VA
17
Votes |
130
Posts

Offering seller financing Virginia requirements

Patrick Sears
  • Midlothian, VA
Posted

Hello,

When offering to seller finance your own fix and flips to the public, everyone talks about Dodd-Frank and the need to use a licensed MLO to stay compliant.  I started looking into how to become an MLO myself in Virginia.  Upon reading all of the definitions and licensing requirements, it sounds as if I would actually be a "lender" and need a lender license, not a MLO license.  Or maybe I would need both?  An "originator" discusses terms and verifies borrower ability to repay, etc.. but the law says nothing about them actually funding the deal.  That's what a lender does.  When you seek out a MLO to do the loan origination for your seller financing, they are doing what the law says they should do-discuss terms and verify ability to repay.  YOU however, are offering the financing-not them.  You are operating as a lender and therefore should be licensed, right?

Does anyone know exactly what it takes to become a seller financier as a business for your own flips while staying legal?  Especially in Virginia?

Thanks!

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