I agree with Don. I think your father-in-law's attorney is mixing up something he read about the new TRID rules that started 10/3 that relate to consumer loans/ mortgages and is mistakenly applying what he read to all types of real estate financing. Most private lenders certify that their lien is for 'business purposes', at which point you are not making a 'consumer loan' and you do not fall under the same rules. There are concerns though with making these types of loans against a primary residence and probably in the process of aiding someone in their search for another primary residence. I would consult a different attorney who has experience is this realm or one that specializes in real estate or lending. You should be able to put a lien against your father-in-law's home for money that you loaned him, but you should be careful about the rate and fees you charge and you should consult with an attorney. In short, if your rate and fees are in line with the market or below market for what is considered customary on primary residence lending, an attorney will probably say you are fine (again, consult with an attorney as I am not one).