There is a lot of information here. I hope I can add some clarity. There is a test to determine if you are selling a security:
1. There is an investment of money.
2. In a common enterprise (there is more than one investor - not in the project, per se, but in YOU.)
3. The investor expects to profit off of their investment.
4. The efforts of making the investment opportunity work are in YOU. (In other words, you are doing all the work and the investor is passive).
If you say "yes" to all of these, you are selling a security.
The definition of "mortgage" is "asset backed security."
WHAT DOES THIS MEAN???
The references to the laws above are a very good start, but let's try to simplify. Your obligation (the most important obligation) is something I call the "three D's": Disclose, Disclaim, and Details
1. Disclose all the risks associated with investing in your deal.
2. Disclaim any liabilities.
3. Provide all the details an investor would need to know in order to make an informed investment decision.
If you are thinking of taking money from investors you should reach out to a securities attorney to assist you. You are always welcome to connect with me with your questions.
I hope this helps! Good luck!