RE/MAX Fine Homes - Orange County Real Estate Blog: Only Big Banks Allowed to Make $$ under Dodd-Frank

Only Big Banks Allowed to Make $$ under Dodd-Frank

I saw this article and had to share! Here's an excerpt written by Madeline Schnapp:

According to The Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), beginning January 21, 2013, the rules governing seller carryback financing are changing and will severely restrict this form of lending.

Specifically, the DFA states that no creditor may make a mortgage loan without making a reasonable or good faith determination that the customer has the ability to repay the loan based on eight statutory criteria. Further, the DFA requires that residential mortgage loans, including seller carryback financing, must be offered and negotiated by licensed loan mortgage originators.  The DFA definition of mortgage originator exempts an individual (or an estate or trust) that provides mortgage financing for no more than three properties in any 12-month period.  Regardless of the exemption, however, the DFA requires that financing must meet the following criteria:

  • - The seller did not construct the home
  • - The loan is fully amortizing (balloon payments are prohibited)
  • - The seller determines that the buyer has a reasonable ability to repay the loan
  • - The loan must have a fixed interest rate for a minimum of five years
  • - The loan must meet other criteria set by the Federal Reserve Board

Comment balloon 1 commentLee Ann Canaday • January 28 2013 01:40PM


Lee Ann, interesting. Only the big banks are allowed to make a profit. Thanks for the post,

Posted by Pamela Seley, Residential Real Estate Agent serving SW RivCo CA (West Coast Realty Division) about 7 years ago