Can I become a private lender and collect origination fee at closing?

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Can I become a private lender and collect origination fee at closing?

I was going to lend money to someone who wants to purchase a home and the closing attorney was asking me if I have lender’s license or origination fee license?

Asked on October 11, 2011 under Business Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you do not work for a licensed lender you cannot charge loan origination fees (points). For you to do so would most likely result in claims against you for charging usurious loans (loans that have too high of an interest rate) since you do not appear to be a licensed real estate agent or some other person who is licensed to make loans in the state that you live in.

You can be a private lender, however the rates that you charge for interest must comply with your state's laws on approved interest rates charged for a loan.

Good luck.


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