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Updated over 9 years ago,

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?