Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Real Estate Deal Analysis & Advice
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 9 years ago on .

User Stats

26
Posts
2
Votes
Jason Cano
  • Contractor
  • Harlingen, TX
2
Votes |
26
Posts

Dodd Frank Act - Subject To - (Scenario Evaluation)

Jason Cano
  • Contractor
  • Harlingen, TX
Posted

I have a contract and all the necessary paperwork to purchase a house (Subject To) and I have a buyer who is ready with a down payment.

I am going to (Assign the Contract) rather than purchase and (Wrap). So rather than me being subject to the (Dodd Frank & Safe Act Rules) it would be the original owners correct?

And if so, wouldn’t they be able to use the (one deal per year rule) under the Dodd Frank Act for (Individuals and Trusts) where a balloon payment is allowed, and no proof of ability to pay is required?

In addition, doesn’t the Dodd Frank Act only apply to when selling via owner finance to a person who is going to occupy the property as their primary residence? And does not apply when selling to an investor or a person who is not going to live their?

So, if my buyer is an investor or is not going to live in the house, then the Dodd Frank Act guidelines do not apply?And therefore, would a balloon payment be allowed, and proof of ability to repay not be required?