I 
118TH CONGRESS 
1ST SESSION H. R. 3464 
To exempt small seller financers from certain licensing requirements. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2023 
Mr. BARR (for himself, Mr. VICENTE GONZALEZ of Texas, Mr. POSEY, and 
Mr. CUELLAR) introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To exempt small seller financers from certain licensing 
requirements. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Affordable Homeown-
ership Access Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Real-estate owner financing is a transaction 
in which the owner of a real estate property provides 
financing for the buyer of that property and the 
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buyer makes some form of a down payment to the 
owner, receives the deed or title to the home and 
then makes installment payments to the owner over 
a defined period of time. 
(2) Owner financers provide financing in lieu of 
the buyer choosing to obtain a loan from a bank. 
(3) The owner finance industry consists of 
small business owners who own real estate and pro-
vide financing on those properties to underserved 
buyers who cannot or would prefer not to obtain tra-
ditional bank or loan based financing. 
(4) Owner financers are governed by real estate 
and consumer protection laws (including, but not 
limited to, ability to repay, deceptive trade practices, 
and usury laws) of each State, as well as State and 
Federal fair housing and equal opportunity laws. 
(5) Using owner financing will benefit home 
values, increase neighborhood stabilization, and as-
sist with family wealth creation through increased 
homeownership as more homes are sold with owner 
financing. 
(6) None of the amendments made by this Act, 
are applicable to transactions known as Contracts 
for Deed or Land Installment Contracts that are not 
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lawfully recorded, Lease Options, Lease with Option 
to buy and Rent to Own. 
SEC. 3. EXCEPTION FOR OWNER FINANCERS WITH RE-
SPECT TO LOAN ORIGINATOR LICENSE OR 
REGISTRATION REQUIREMENTS. 
Section 1504 of the S.A.F.E. Mortgage Licensing Act 
of 2008 (12 U.S.C. 5103) is amended by adding at the 
end the following: 
‘‘(c) EXCEPTION FOR OWNER FINANCERS.—The re-
quirements of this title shall not apply to any person 
(other than a depository institution) who— 
‘‘(1) extend credit with respect to not more 
than 24 residential mortgage loans in a 12-month 
period; and 
‘‘(2) only extend credit with respect to residen-
tial mortgage loans that are with respect to property 
that is owned by such person.’’. 
SEC. 4. EXCEPTION FOR OWNER FINANCERS IN THE DEFI-
NITION OF MORTGAGE ORIGINATOR. 
Subparagraph (E) of section 103(dd)(2) of the Truth 
in Lending Act (15 U.S.C. 1602(dd)(2)) is amended— 
(1) by redesignating subparagraphs (F) and 
(G) as subparagraphs (G) and (H), respectively; 
(2) by amending subparagraph (E) to read as 
follows: 
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‘‘(E) does not include, with respect to a 
residential mortgage sale, a person or entity 
(including a corporation, partnership, propri-
etorship, association, cooperative, estate, or 
trust) if— 
‘‘(i) such a person or entity provides 
owner financing, in a 12-month period, for 
the sale of 24 properties; and 
‘‘(ii) each piece of real property de-
scribed under clause (i) is owned by such 
a person or entity and serves as security 
for the loan or extension of credit, provided 
that such loan or extension of credit— 
‘‘(I) is not made by a person or 
entity that has constructed, or acted 
as a general contractor for the con-
struction of, a residence on the prop-
erty in the ordinary course of business 
of such person, corporation, associa-
tion, estate, or trust; 
‘‘(II) is fully amortizing; 
‘‘(III) is with respect to a sale 
for which the owner determines in 
good faith and documents that the 
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