HUD Attacks American Homeowners with a Proposal to End Seller Financing

FR-5271-P-01 SAFE Mortgage Licensing Act: HUD Responsibilities Under the SAFE Act is just one more nail in the coffin of American independence: A government-issued license to sell your own property.

Now that Americans have nearly zero access to credit through banks, and hardly anyone can qualify for traditional financing, this proposal aims to slam the door on any alternative route. As stated by Roman Mosqueda, S. J.D. in his article, “Proposed HUD Rule Prohibits Seller Financing Without License Except for Family or Own Residence,” the proposed rule impairs obligations of existing contracts protected by the Constitution in the following ways:

• The contract is the law among the parties. A property owner has the right to sell his or her property, including seller financing to enable a buyer short on cash to consummate the sale.
• Seller financing likewise enables a seller to sell his or her properties faster, and earn income during the duration of the promissory note being financed.
• The proposed rule would impair obligations of existing contracts in cases involving contracts to sell with seller-financing, lease with option to buy with seller financing, and other similar contracts.

This new rule actually hinders individual homeowners from aiding in their own recovery and gives more power and money to the very same industry that secretly bet on the U.S. housing crash. By requiring mortgage broker licensing, the individual’s right to the use of his own property is now strictly limited.

Furthermore, it limits any type of real recovery as bank financing simply is not possible in many cases, even beyond the “bad credit” equation, or tight lending policies — homes in flood areas, investment homes, or multiple homes owned but not occupied by the owner or the owner’s family, for example. Under the new HUD rules, even when these homes are owned free and clear, the property will no longer be yours to do with as you wish.

• These rules would prohibit even partial seller financing – i.e. a “seller second.”
• According to HUD’s “Residential Finance Survey” in 2001, roughly 40% of all non-farm residential properties in the US are owned free and clear.
• An estimated 6 million Americans own a property other than their own primary residence.
• An estimated 4.5% of Americans own three or more properties, many purchased solely as investment properties.
• 40% of non-owner occupied residences are mobile homes which are more difficult to sell with bank financing.
• Approximately 5% of homes in US are for sale or for lease… seller financing may be key to liquidating this inventory.

1. You cannot receive a license if you’ve committed any felonies – ever – meaning you’ll never be permitted to self-finance your property under any conditions if you’re a felon of any kind.
2. Mandates fingerprinting to finance your own property.
3. Threatens a $25,000 penalty for owners who fail to obey HUD’s rules.
4. Forces owners to complete 3 hours of Federal Law training.
5. Mandates owners complete 2 hours of federally approved “ethics” training.
6. Requires that owners complete 2 hours of lending standards training.
7. Puts upon all self-financing owners and their prospective buyers dramatically higher costs and decreased opportunities to engage private property transactions.
8. Stops you from exercising your own constitutionally protected private property rights until the government approves your conduct – and charges you for it.
9. HUD grants itself authority to summon you any time it chooses for a host of reasons.

The above scenario, if it does pass in the United States, is extremely unlikely in Costa Rica. Firstly, banks have no history of the type of predatory lending practices seen in the States. Additionally, seller financing and developer financing is seen as a legitimate parallel system that safeguards the Costa Rican economy during times of global stress.

And, now, as other nations — including the U.S. — are in mass crisis mode, or trying desperately to stave off implosion, Costa Rica has declared their economic recovery to be fully underway. In fact, home and development financing has returned with incentives as all of the major banks are now offering more attractive loan options.

While it is quite disturbing for many of us U.S. expats to see a decline in the most basic forms of independence upon which our country was built, we are doubly thankful to have found Costa Rica.

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Michael feels that the Costa Rica’s main strengths are its respect for the individual, and the country’s dedication to peace. He lives in Atenas where he feels that the best of Costa Rican culture blends perfectly with the growing numbers of expats who continue to seek out a great climate and convenient location. He lives with his Costa Rican wife, Adela, and his 11-year-old stepdaughter, Valeria.

Andrew Makarik

to@welovecostarica.com

Andrew Makarik is the main editor of WeLoveCostaRica, a fan of this sunny country. He is also a loving husband and a has a lovely daughter. By being a devoted family man and the biggest Costa Rica fan, he wants to make more people feel at home there. WeLoveCostaRica unites people and helps them find new home or a new travel destination. This website is a friendly community where everyone can find not only information, but also new friends and travel pals. Andrew is also passionate about IT and programming, so he himself maintains a friendly atmosphere in this cozy environment of WeLoveCostaRica.com.