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profyt7

SAFE Act Impact on Lease Option Business

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Hi Guys,

 

I am new to Lease Optioning and glad I found this site. There is so much info on here I don't know where to begin. I was wondering if the SAFE act is going to prevent us from doing Lease Options in the future?

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Hello, profyt7, and welcome to The Naked Investor.

Regarding the SAFE Act, for those who are interested in reading about it, here is some info from HUD: SAFE Act.

I'm neither an attorney nor an expert, that said, here is my two cents: a lease purchase agreement has nothing to do with the SAFE Act unless you are offering seller financing to the t/b should the t/b exercise their option to purchase.

If the t/b obtains their own financing from a third party lender, then it shouldn't fall under the jurisdiction of this law.

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It looks like we are clear with L/O, but for RE investors in general seeking or offering owner financed deals sure seems like this is a large blow for the RE investor market.

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Hi MichaelC and Steve,

 

Thanks for the replies and the welcome. That clears things up for me a bit. It seems to have a bunch of people worried.

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Hi fellow investors,

 

I wanted to add this email I received today from eddie speed a well know Note investor regarding the safe act.

 

I copied and pasted this so maybe it will help calm our fears a bit about the safe act:

 

Here is the email:

 

Furthermore, there's good news about the SAFE Act, I will discuss with you: Many wrongly assume that the SAFE Act prohibits all transactions involving seller financing. In fact, there is a lucrative market awaiting you.

 

Individual, owner-occupied property sellers are exempt from the SAFE Act. They and their realtors are increasingly attracted to seller financing as thesolution to the conventional lending crisis.

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That's good to hear. My concern would be also, if say, someone wanted to sell an investment property (not their primary residence) with owner financing. As a way around it, I guess a person could have a licensed mortgage broker draw up the mortgage paper work for a fee.

 

I also read where "Habitat for Humanity" offers their own 0% or low interest mortgages to help the new home owners and would no longer be able to do this.

 

I think there is still a lot that will need to be worked out as this goes into effect. Hopefully.

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I agree with Equity Notes as I have read and listed to Eddie also. It seems as though investors wanting to seller finance properties either have to be licensed to do so or work with a mortgage broker. Thats a big blow to that exit strategy. Another issue I have is that my 2 M brokers I work with don't know anything about it. Herbster

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