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Since the Dodd-Frank Act was signed into law in 2010, the immense and labyrinthine series of stringent financial regulations has been a foreboding presence in real estate lending, especially in Florida. Instituted in response to the Great Recession, Dodd-Frank has posed a formidable threat to investors. With over 2000 pages of new rules and financial regulations, investors are unsure exactly what is exempt from Dodd-Frank stipulations.

Kevin Jursinski, B.C.S is FL Bar Board certified in real estate and construction law as well as business litigation. With over over 30 years of practice in Florida real estate law as well as personal experience in the Florida investment market, Kevin has the knowledge and insight to summarize the bill and define its role in real estate lending. Kevin also discusses how Dodd-Frank related litigation might be approached in court.

• Dodd-Frank Act (2010)
  • Dense and punitive set of rules outlining financial regulation
• Seller-Financing & 3rd Party-Financing Affected
• Gray Areas Explained
  • Dodd-Frank does not apply to non-consumers (Investors) of residential property
  • Commercial properties do not apply
  • Dodd-Frank only affects primary residences (vacation homes exempt)
  • Purchase-money financing only affected by Dodd-Frank in owner-occupied sales
  • Residential home-builders are precluded under Dodd-Frank from becoming contractors of seller finanacing
  • Dodd-Frank does not apply retroactively – previous owner-occupied financing not affected
  • Dodd-Frank applies to origination of loan intent
• Recent Dodd-Frank Changes
  • Owner-occupied residence lending/financing
    • 1-Sale exceptions – Sell one property per year w/ Dodd-Frank guidelines
    • 3-Sale exceptions – Sell up to three properties per year w/ Dodd-Frank guidelines
• Government Oversight
  • Bureau of Consumer Financial Protection
    • Oversees Dodd-Frank regulation concerning real estate lending and purchase-money financing

To keep updated on changes to Dodd-Frank and its impact on real estate lending visit Kevin’s website, www.kfjlaw.com

Kevin’s article on  Update-as-to-the-Dodd-Frank-Act-Seller-Financing-Restrictions

Dodd Frank Seller Financing Rule Update