Wow, usually if you use the words "SAFE Act" or "Dodd-Frank" in a post, 2-3 experts will just jump in (and all over you) and tell you the sky has fallen. Often, quite rudely. (Interestingly, none of them has the initials J.D. after their names, but they are still "experts.") Guess they are on vacation.
The answer to your question is that the SAFE Act does specifically apply to any loan offered to a secured by a dwelling to be occupied by the borrower, regardless of whether it is a manufactured home or stick built, personal property or real estate. In other words, it might not have applied before, but it definitely does now. I am NOT AN EXPERT, and I am not an attorney, but, from my research, what it means is you need to hire a licensed residential mortgage loan originator to screen the buyer to make sure you are in compliance. The RMLO will check their income, credit, etc. How they are supposed to then "originate" and "offer" the seller financing terms to the buyer? That has never been answered, since YOU, the seller, are setting the terms for the deal. I'm sure an expert knows, once they get back from vacation. It certainly regulates what you can charge for interest: On a $50,000 or less loan for personal property, the number is Average Prime Rate + 8.5 (the Prime rate is currently 3.5%, so 12% or it becomes a High Cost Mortgage, which may be considered predatory lending).
Here's the way I THINK there might be a way, not around it, but to be in compliance:
- I set up a financing company, "Joe's Mortgage, LLC."
- I fund the LLC/lender with the amount needed for the loan.
- My other LLC, "Joe's Mobiles, LLC," buys a home in zip code 88888
- The LLC/lender approaches my favorite mortgage broker, Mrs. Smith, with a special offer: "We will finance used mobile home transactions in zip code 88888 at 9% with 10% down."
- I advertise for a buyer for my home, I say, "financing available through third party," but I don't disclose the terms. Maybe I disclose a range: "Purchase price $30,000. Terms: 8-12% interest, down payment 5-10%, payment $500-$800, depending on buyer credit."
- I find an interested buyer, and I send them to Mrs. Smith.
- Mrs. Smith sits down with Mr. and Mrs. Buyer, checks their credit and income, etc., then says, "I have only one lender who will loan on used mobiles in zip code 88888. Let me check with them."
- Mrs. Smith sends a proposal to the LLC/lender: "We have a buyer who has qualified for a loan if the monthly payment is $500 per month." She forwards the buyer's qualification package to the LLC/lender.
- The LLC/lender agrees to do the loan.
- The purchase is closed, now with a 3rd party lender, NOT the seller acting as lender.
Now, I'm sure this will be crapped upon by the experts here on BP as soon as they are back from vacation. They really don't want us doing any seller financing anymore, especially on those "awful" manufactured homes.
By the way, it's not the "experts" knowledge or statements I object to, it's the WAY they say them: They are often rude jerks to newbie investors. I guess being rude makes them feel more powerful.