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Updated almost 10 years ago on . Most recent reply

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Jay Schwichtenberg
  • Edinburg, TX
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Owner financing to an investor do I need RMLO?

Jay Schwichtenberg
  • Edinburg, TX
Posted

We owner finance around 12 properties a year and usually use an RMLO for these sales since we are selling to an owner occupant buyer.  Recently I had an investor who is interested in owner financing from us for investment purposes. He already owns his home and has two other rentals that he bought with owner financing. He buys properties in his personal name for investment purpose. My RMLO is saying I still need to go through the same process with him. I thought Dodd Frank/Safe Act was to protect owner occupant buyers and that it would not apply to investors since they should be deeded savvy. Is my analysis correct? Thanks.

Jay

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Brian Gibbons#5 Guru, Book, & Course Reviews Contributor
  • Investor
  • Sherman Oaks, CA
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Brian Gibbons#5 Guru, Book, & Course Reviews Contributor
  • Investor
  • Sherman Oaks, CA
Replied

Investor to investor if you are going to be running the property out, I would write on a piece of paper to the seller that I never intend to live in the property as per Dodd Frank

If the seller is a residential owner and they are doing seller financing to you when you going to live in it as a primary residence, then they generally fall under an exclusion if it's a primary residence and they're only doing one deal every 12 months

For what it's worth, I have an RMLO under write my TBers for my lease-option assignments because I want to seller protected in case the tenant buyer brings the seller to court

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