Free replay of July 22 call

This Q&A call was supposed to be on how you can partner with me on deals (which I covered) but I started the call by first giving out a list of solutions to the problems with the Safe Act.

On May 21, 2009, Colorado signed into law House Bill 09-1085, implementing the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, or SAFE Act. Colorado was required to bring its laws into conformance with the SAFE Act by January 1, 2010.

I was glad to see a “seller financing” friendly version of the Safe Act. But..

On May 26, 2010, Colorado signed into law House Bill 10-1141 to become effective on August 11, 2010. It changes provisions of House Bill 09-1085.

One big change that applies Colorado investors (and still affects investors in other states) is this:

Section 12-61-904(1)(b), C.R.S. was substantially changed. Previously, this subsection exempted any individual who were the owners of real property. Now the update only exempts individuals who are offering or negotiating terms of a residential loan if it was their individual residence. Previously it exempted “An owner of real property who offers credit secured by a mortgage or deed of trust on the property sold”

That means a seller can sell to an investor with owner financing only if it is individual residence, not if it is a rental, investment property or second home. Therefore the sellers of non-owner occupied properties (that we are seeking to buy with seller financing) are no longer exempt. Also, that means we cannot sell our properties with owner financing as an investor unless we are in compliance with the law.

I’m unclear about penalties but to quote the law: “Fines may not exceed one thousand dollars ($1,000.00) per violation in the first administrative proceeding and shall not be less than one thousand dollars ($1,000.00) or more than two thousand dollars ($2,000.00) per violation in subsequent administrative proceedings.”

According to the Bill: “Residential mortgage loan” means a loan that is primarily for personal, family, or household use and that is secured by a mortgage, or deed of trust, on OR OTHER EQUIVALENT, CONSENSUAL SECURITY INTEREST ON A DWELLING OR residential real estate upon which is constructed or intended to be constructed a single-family dwelling or multiple-family dwelling of four or fewer units. ”RESIDENTIAL REAL ESTATE” MEANS ANY REAL PROPERTY UPON WHICH A DWELLING IS OR WILL BE CONSTRUCTED.

According to the Safe Act the term “residential mortgage loan” means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling (as defined in section 103(v) of the Truth in Lending Act) or residential real estate upon which is constructed or intended to be constructed a dwelling (as so defined).

To me that means a loan for investment use is exempt, so the loans from private lenders are exempt and our private investors do not need to be licensed.

On the other hand, when we sell our properties it is usually to an owner occupant and if we offer seller financing it would be considered a “Residential mortgage loan.”

How can we buy and sell with terms without new laws requiring us to get licensed?

Find out on this special teleconference call…

This live Q&A call was supposed to be on “how you can partner with Roop on deals”, which I covered but I started the call by first giving out a list of solutions to the problems with the Safe Act.

Call Replay Part 1:


MP3 File


Call Replay Part 2:


MP3 File