Hard Money Lenders -Can you opt out of the S.A.F.E. Act?
I would like to discuss Hard Money Lenders and the new required federal license. No sense, written for bankers not consumers, would be just one protest. We don't and haven't for some time made consumer loans to owner occupied properties. I am sorry they have no where to go now, with damaged credit or if self-employed and use an accountant. Blame that on the bankers who stole hard money loans from the private sector. That turned out to be a terrific idea.Then pass down regulations that are written for blind investment pools, not hand on investor.
Like Fico scores, I am waiting for that class action law- suit, due to the damage that inadequate scoring is doing. They also forgot to add the Collateral into the equation. Being a previous banker, I see they forgot the 5 C''s of credit. 5-1 Collateral, 5-2 Capacity to pay,5 -3 Character (hind-sight) 5-4 Capital little to no down, now that leaves 1 credit. Score? Good today, unemployed and gone tomorrow. That doesn't leave much to bank on.
From my research on that "safe act" ha, you are dealing with "Consumer Loans" However, Truth- in -Lending has exemptions -if purpose is business, non-consumer loans. Also, Truth in Lending is written for Owner Occupied 1-4 check it out.
So commercial,land-not for building primary residence, and investment purchases and loans on investment property you don't have to have the license.
Brokers that had problems with their credit the past few years..yes lots of you, can still make loans in the private hard money sector so far as I see if you can't get the license. Commercial loans, land loans, investment property with non-consumer purpose. So, call me with your referrals.
Any comment?
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