Seller Financing your flips in Virginia-licensing requirements?

Question

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!

Chris Seveney · Answer

@Patrick Sears

In Virginia you can do up to 3 owner financed deals in a 12 month period without requiring a license. If you do 4 or more you would need a lenders license.

i started with getting a mlo and a mortgage broker license in VA and eventually will be looking to get a lender license at a later date.

Here are the requirements:

https://mortgage.nationwidelicensingsystem.org/slr/PublishedStateDocuments/VA-Lender-License-New-App-Checklist.pdf

Patti Robertson · Answer

I believe one other option is you can pay a licensed lender to underwrite your seller financed notes, rather than getting licensed yourself.