Seller Financing your flips in Virginia-licensing requirements?

Seller Financing your flips in Virginia-licensing requirements?

Midlothian, VA · Member since 2013 · 130 posts · 17 votes

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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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    7y

    @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

    7e investments53 Reviews
  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    7y

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

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