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Posted over 14 years ago

UPDATE on Texas SAFE ACT!

From the Texas Association of Realtors: (posted verbatim)

Many of us have been very concerned about the implementation of federal legislation known as the SAFE Act that would severely limit an individual’s ability to seller finance their property in Texas.

We are working on numerous regulatory and legislative solutions to this affront to private-property owners, and have some good news to report. At our urging, the chief regulator over the SAFE Act in Texas, the commissioner of the Texas Department of Savings and Mortgage Lending, has taken significant steps to allow Texas property owners to continue to seller finance up to five transactions in a 12-month period.

More specifically, the commissioner has delayed the implementation of the SAFE Act requirement for licensure in seller-financed transactions in Texas until August 31. This will give us time to implement regulatory and legislative changes during the coming months. For now it is important for you to know that the long-standing law of allowing a Texas seller to finance up to five transactions in a consecutive 12-month period is still in effect and the Texas Association of REALTORS® will continue to work at the federal and state level to see that this is a permanent solution.

This is very good news to Texas Real Estate Investors who perform their own Owner Financing Transactions less than 5 times per year.  Obviously the intent of SAFE was not to punish owner financing.  The TDSML stated directly that there were maybe a handful of complaints per year on the topic and were trying to implement the old policy.  The delay in implementation is a great first step!

Comments (4)

  1. Very favorable recent events! Hopefully things will return to normalcy soon.


  2. Sorry- typo. The news is NOW posted on the commissions' website. http://www.sml.state.tx.us/ResidentialMortgageLoanOriginator/documents/rmlo_listserv/rmlo_email_blast_20100618_seller_financing_deadline.pdf


  3. This news is not posted on the commissions' website. http://www.sml.state.tx.us/ResidentialMortgageLoanOriginator/documents/rmlo_listserv/rmlo_email_blast_20100618_seller_financing_deadline.pdf


  4. The whole new mess of laws is really stupid. Just make people do the TIL and conform with RESPA and the other regs...much simpler