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Seller Financing in Texas Saved...For Now!

By
Real Estate Sales Representative with Keller Williams Realty--Boerne Hill Country

I recently posted a blog about the new SAFE Act kickin into reality as of May 31st...not allowing owners to seller finance anything but their homestead and to family members.  The Texas Association of Realtors just sent the following email to let us know that they were hard at work to keep owner rights in tact...at least for the time being.

I never thought much of being a member of the Texas Association of Realtors or even the San Antonio Board of Realtors until I realized how relentless they are in fighting not only for our rights as Realtors...but for our clients as well.  Whether you live in Texas or not...being a part of a board that watches your back is crucial.  We get so busy with our businesses that it would be easy to let important things slip by.

Take time to read what they send you...

 Support your board.  You will be glad you did when it finally hits home. 

Here's the latest on Seller Financing in Texas in a letter from Bill Jones, Chairman of the Board.

Many of us have been very concerned about the implementation of federal legislation known as the SAFE Act that would severely limit an individuals ability to seller finance their property in Texas.

We are working on numerous regulatory and legislative solutions to this affront to private-property owners, and have some good news to report. At our urging, the chief regulator over the SAFE Act in Texas, the commissioner of the Texas Department of Savings and Mortgage Lending, has taken significant steps to allow Texas property owners to continue to seller finance up to five transactions in a 12-month period.

More specifically, the commissioner has delayed the implementation of the SAFE Act requirement for licensure in seller-financed transactions in Texas until August 31. This will give us time to implement regulatory and legislative changes during the coming months. For now it is important for you to know that the long-standing law of allowing a Texas seller to finance up to five transactions in a consecutive 12-month period is still in effect and the Texas Association of REALTORS® will continue to work at the federal and state level to see that this is a permanent solution.

Finally, this action would not have happened if not for the thousands of Texas REALTORS® who participated in our grassroots efforts to correct this abuse to private-property owners in Texas.

Your actions do make a difference.


Sincerely,

Bill Jones

Dominick Dina, MA, REALTORĀ®
Christian Realty San Antonio - San Antonio, TX
GRI, e-PRO, TAHS, SFR, Notary Public

Claire,

RE: your comments: yes and no.

Agree with your comments about SABOR and TAR.  Both do great jobs and are super to work with/be members of.

Do not share all your sentiments about the SAFE Act and what it means to folks here in Texas.  What we do in our profession is to protect folks.  Both buyer and seller. The SAFE Act is designed to do that too. 

Far too often are unsuspecting folks taken advantage of through owner-financing deals.  The Act is desgined to make sure people are protected and sellers are doing things the right (read lawful) way.

Just my two cents.

Dominick

Jun 17, 2010 12:17 PM
Claire Record
Keller Williams Realty--Boerne Hill Country - Boerne, TX

Dominick...  Couldn't agree with you more.  I know the intent of the act...but also know that it wouldn't be totatlly fair or right to get rid of seller financing all together.  Those who have worked hard to pay off their homes should have the right to finance whoever they want being fully aware of all risks.  With few opprotunities left for qualified buyers that may have a few dings on their credit...this is one of the few options. 

I want to protect my client that offers financing just as much as the one who wants to take advantage of it.  The key is full disclosure. 

Jun 17, 2010 12:51 PM