Quote from @Chris Seveney:
Thank you, Chris. It would be great if @Dan Deppen also chimed in. I know a lot of investors do this, they acquire properties and then sell them under their terms, acting as a bank financing a purchase. I thought at first it was as simple as drawing a contract, recording deeds and notes. So, I started researching the subject. And the first thing that came up when Googling the subject was Dodd and Frank, which requires RMLO if you originate more than 3 loans per year to a real estate buyer who will be residing in the property (Dodd Frank does not apply to commercial transactions, rental properties/duplexes and etc. among others).
I know successful people who did this for a decade or decades. They are not MLO's. Some are not even licensed realtors. It's unthinkable to imagine that they have been running their business grossly violating Dodd Frank, simply because someone would have lodged a complain and they would be shut down by now. So, there must be a way to do this properly, as they must be doing it. Question is: how?
Do I have to hire licensed, bonded RMLO to do all paperwork, originate the loan on my behalf?
Banks hire underwriters because they won't lend more to purchase the property that it is worth. Bank doesn't own the property, someone else does. So Bank, when writing a loan, must ensure that property's worth is greater than the loan extended, so if and when borrower defaults they can foreclose on the property, auction it off and get back the money lent. Do I still have to underwrite the property if I own it and can decide on my own how much I want the buyer to repay me over the course of the loan?
FDCPA controls debt collection and makes sure that buyers of defaulted debt don't threaten borrowers with violence , phone calls in the middle of the night and non-existent jail sentences for failure to repay. Would it apply to a lender who was collecting a debt owed to itself before it fell into default?
I hope someone in Sub2 community who financed purchases of the homes they sold could share in few bullet points how they accomplished it, while staying compliant with Dodd Frank and Safe Acts.