Hi @Ken Rishel,
I appreciate the clarification, I even mentioned in my post that I may be missing something, which I clearly am.
Can you please explain Clayton Homes' business model to me then? A large portion of their retail selling comes from selling mobile homes to park owners, who then sell the homes to applicants, advertising all along their partnered program with 21st Century Mortgage. Are you telling me the largest mobile home manufacturer in the country is illegally pushing their financing method?
There are federal laws that prohibit park owners from steering people towards financing? I did not realize that. How are all realtors allowed to refer home buyers to banks they have worked with in the past for financing? Is that not a similar scenario?
I agree that as a park owner, you would not be allowed to quote interest rates or payments. That is up to the bank's discretion, and I never made that claim.
As a park owner, you cannot advertise lease-to-buy programs to prospective buyers? I know several park owners and that is a big part of their business model. But by your definition, that would be steering financing, and is federally illegal. Can you please elaborate?
I am not saying you are wrong by any means, you clearly have more experience in the field than I do. I just want to understand these laws better. Can you please point me to the laws? Articles posted by MHI? The only laws I can find are from the Truth in Lending Act, which prevents steering by "loan originators" for profit or monetary gain. Code of Federal Regulations defines who a "loan originator" is and states who is exempt from this status, "An employee of a manufactured home retailer who does not take a consumer credit application, offer or negotiate credit terms available from a creditor, or advise a consumer on credit terms (including rates, fees, and other costs) available from a creditor. (1026.36)" My interpretation of that is an employee can recommend financing, just not advertise any of the credit terms (again, which I never claimed). Is there another statue I am missing?
Again, I might be missing something. Any clarification you could provide would be greatly appreciated. Thanks in advance.