2,810,604
Hi Connie Jo - I haven't heard of that happening here in Colorado yet. The marijuana industry is in a weird kind of limbo, with it still being a federal felony, regardless of its state legality. I can see the lender's reasoning, as there is a chance that the job could disappear overnight if the feds decide to make it an issue, and they could even prosecute your client.
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Kartik Subramaniam
Rancho Cucamonga, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Michael Jacobs
Pasadena, CA
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Tony and Suzanne Marri...
Scottsdale, AZ
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Patricia Kennedy
Washington, DC
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Candice A. Donofrio
Fort Mohave, AZ
6,624,577
And yet the irs expects all companies to have and ein and collect federal taxes.
Try another lender.
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Kartik Subramaniam
Rancho Cucamonga, CA
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Tony and Suzanne Marri...
Scottsdale, AZ
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Candice A. Donofrio
Fort Mohave, AZ
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Annie Adjchavanich
Los Angeles, CA
423,723
The bean counter at the bank who processed this loan really flubbed up. Almost impossible to turn around the prejudice the lender just doled out. They get a w-2 and file taxes, I could fix this foolishness.
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Connie Jo Stubblefield
Aromas, CA
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Tony and Suzanne Marri...
Scottsdale, AZ
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Candice A. Donofrio
Fort Mohave, AZ
2,234,761
Legalized pot has brought up many concerns. I know I'm in CO. Although this is a new one for me. Have your buyer try going through a credit union.
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Fred Griffin Florida R...
Tallahassee, FL
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Kartik Subramaniam
Rancho Cucamonga, CA
3,986,423
Interesting..the feds will find a way to enforce the laws.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Candice A. Donofrio
Fort Mohave, AZ
2,829,166
Complete & utter nonsense from one point of view. From another, Federally approved marijuana operations may not be in play thus this is illegal
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Tony and Suzanne Marri...
Scottsdale, AZ
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Richie Alan Naggar
Riverside, CA
921,504
Schocking! A drug dealer supplier can't get a Fannie/Freddie backed mortage. What's this country turning into?
This buyer must do what the other dealers do, go to a portfolio lender.
It appears we will need to elect more dope smokers into top government positons so 'unrecognized enterprises' can be properly taxed.
Would that be Billary or the party of 'the deplorables'?
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Lyn Sims
Schaumburg, IL
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Candice A. Donofrio
Fort Mohave, AZ
928,528
Sounds like a bunch of bs. The loan officer should have reviewed buyers tax returns long ago and should have known about this.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Lyn Sims
Schaumburg, IL
5,440,249
So sad, Connie! Have you run it by other lenders? This can't be the end of the road or buyers in any state where this is legal, working for any dispensary would never be buying a house - now or forever more (until federally approved)!
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Tony and Suzanne Marri...
Scottsdale, AZ
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Lyn Sims
Schaumburg, IL
2,240,461
Taxpayers should not be treated this way !
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Tony and Suzanne Marri...
Scottsdale, AZ
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Michael J. Perry
Lancaster, PA
2,795
As an update, a lender from this forum contacted us and is working on the file as we speak. To be clear, my client is not growing and does not have ownership in the business. He is a w-2 employee working for a company that manufactures products for a medically licensed dispensery. This is totally different than being a grower. This is what one lender sent us:
From: Annette Battaglia
Sent: Thursday, October 6, 2016 4:24 PM
Subject: Marijuana Dispensary Income Policy Revised
Hello Team Summit,
We are revising our Marijuana Dispensary Income policy (see attached and below):
August 17, 2016Revised 10/6/16
To: All Summit Funding Inc. Employees
From: Annette Battaglia – Regional Underwriting Manager
Re: Income derived from Employment (Employee or Self Employed) that are “Marijuana-related”.
Although marijuana is legal within several states at the state level, it is not legal at the Federal level. Which of course leads to the issue that any bank, or government agency like Fannie Mae, Freddie Mac or Ginnie Mae (FHA, VA, USDA) not being able to accept marijuana-related income on their loan programs.
With that said, Summit Funding Inc. will not accept marijuana-related (or any activity deemed illegal by the Federal Government) income on any of our loan programs with the following exceptions:
Conforming Fixed Rate (No High Balance/Jumbo allowed):
1. DU Approve/Eligible only (LP is not acceptable);
2. Borrower is a W2 employee and does not have ownership in the Company where the income is being derived (this must be documented fully);
3. The subject property cannot have any marijuana growth/use;
4. You must follow the Summit Funding Exception process in order for us to track and mandate the delivery to FNMA. Please note, you MUST document your borrower has no ownership in the business when you submit your exception request. If you do not, your request will be denied.
VA – Conforming Loan Limit (No High Balance/Jumbo allowed):
1. DU Approve/Eligible only (LP is not acceptable) – Manual guides are acceptable if your DU is a refer;
2. Borrower is a W2 employee and does not have ownership in the Company where the income is being derived (this must be documented fully);
3. The subject property cannot have any marijuana growth/use;
4. You must follow the Summit Funding Exception process in order for us to track and mandate the delivery to GNMA. Please note, you MUST document your borrower has no ownership in the business when you submit your exception request. If you do not, your request will be denied.
5. Please note: VA requires these loans to be underwritten and approved by Summit Funding and then they MUST be submitted to the local VA office for prior approval by VA. Please plan accordingly as this process could take up to an additional 30 days.
This revised policy is effective immediately.
Annette Battaglia | Regional Underwriting Manager
Office: (916) 571-3000
Direct: (916) 571-3200
Fax: (916) 571-3200
Abattaglia@summitfunding.net
www.summitfunding.net
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Fred Griffin Florida R...
Tallahassee, FL
3,408,480
I am with Kenneth J. Jones, SRES, SFR, SCGREA - they take takes but yet don't want to recognize them ... poppy cock!!!
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Fred Griffin Florida R...
Tallahassee, FL
1,091,205
Geez, they need to just legalize the stuff -- or the freakin' government needs to get out of it and let the states have complete dominion. It's so ridiculous. But then, so is a lot of their overreach. How about a private lender?
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Fred Griffin Florida R...
Tallahassee, FL
509,499
I haven't had any experience with this. Why didn't the lender look into this earlier?
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Tony and Suzanne Marri...
Scottsdale, AZ
225,576
According to Fannie Mae, a w-2 employee does qualify, however the owner would not. Have your underwriter or lender call Fannie Mae and mention the June 21, 2016 notes by Debra Degarmo.
5,964,811
Coming from Colorado where we have a dispensary every few blocks, have not heard of this.
5,143,879
2,699,847
States' Rights vs. Federal Bureaucracy. My ancestors tried to deal with this in 1861... unfortunately for America, the Federals prevailed.
1,530,744
I haven't seen this one yet, but like Dick Greenberg said "Mary Jane" is still a federal offense and even in cities that allow it (like Los Angeles) the DEA still raids the shops and arrests the owners.
5,584,078
66,409
I agree with a lot of the others here, not sure how they got this far in the process before that particular issue came up. Does seem like a private lender might be the way forward.
4,696,055
232,119
1,746,127
Fortunately no. Lenders and their underwriters are using very broad brushes to deny loans to so many qualified buyers right now. I hate banks!
1,004,418
3,416,322
I have not heard that yet, however NH just allowed medical in so time will tell
3,073,909
5,425,339
4,434,227
2,545,846
I would think employment issues would be found out at the beginning of the process, not the end. I could see on the one hand why there might be a concern with a federally forbidden company. What if the state laws are overturned? On the other hand, the buyer has a job where he pays taxes and everything is on the books.
I think I would just try another lender and see if there is one that could get this funded.
8,084,775
4,321,670
1,618,024
1,258,233
We voters in CA are voting on the legality this year.
There are other lenders ......
2,423,942
3,988,138
I have not heard of this. I would ask to see the regulation. You may have to get in-bank financing or a hard money lender if it is true.
3,762,439
It get's a little dicey for commercial operations in states where it's legal because it's still not kosher on the federal level.
1,866,318
If they have a Federal Tax ID # they are recognized. I would really look into this with some higher ups at Freddie or Fannie.
Is an acupuncturist a federal enterprise? Who's to say?
Discriminatory lending practices - doesn't pass the smell test here.
750,136
Yep! And title companies will not insure if they know the use of the property will be for marijuana. I wrote a blog about this after attend our OAR convention last week. How is recreational marijuana use in Oregon impacting real estate?
823,979
917,743
4,273,325
1,466,257
Connie Jo Stubblefield Last time I heard, this is a federal crime. It stands to reason why they would not approve the loan.
5,065,806