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The Form File Is the Hazard: Wraps, Subject-To, and Seller Financing Under Post-2014 Rules

Seller-financing forms that closed deals before 2014 can now trigger TILA liability, licensing violations, and loan acceleration. Qualify transactions under the Reg Z one-property and three-property exemptions, structure wraps against due-on-sale exposure, and build enforceable exit pathways into every deal at origination.

2026-10-30 12:00:00

Program Details

2026-10-30 12:00:00

2026-10-30 12:00:00

2h CLE Credits

2026-10-30 12:00:00

Program Details

2026-10-30 12:00:00

Program Details

2026-10-30 12:00:00

Over 1,000+ webinars

2026-10-30 12:00:00

Course Overview

The Deal Did Not Change. The Rules Under It Did

2026-10-30 12:00:00

Owner-financed residential deals now run through 12 CFR § 1026.36. The one-property and three-property exemptions decide whether a seller is treated as a loan originator, and the CFPB’s August 2024 contract-for-deed advisory opinion reaches existing deal structures many practitioners still treat as settled.

Miss an exemption element and the transaction carries loan-originator obligations. Skip ATR documentation or ignore QM constraints and TILA’s private right of action stays live even as federal enforcement recedes. Close a subject-to or wraparound deal on an old form and the Garn-St. Germain due-on-sale framework, lender enforcement patterns, insurance hazards, and state licensing thresholds attach at once.

Rick Guerra walks through the structuring decisions, documentation requirements, and common drafting errors that determine whether a deal qualifies, then turns to due-on-sale counseling and exit design: refinance-out, balloon provisions, assumption pathways, and deed-back mechanics. Attendees leave able to qualify a seller-financed transaction, counsel clients on acceleration risk, and build enforceable exit pathways into every deal at origination.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Two Exemption Paths
The one-property and three-property exemptions under 12 CFR § 1026.36: the elements, conditions, and key distinctions that decide whether a seller-financed transaction qualifies.
02
ATR, QM, and Entity Sellers
ATR documentation, QM constraints, and the entity-seller disqualification, plus how the SAFE Act licensing exemption differs from the Reg Z loan originator exemption.
03
Advisory Opinion Fallout
The CFPB’s August 2024 contract-for-deed advisory opinion, the enforcement vacuum, and why TILA’s private right of action keeps client exposure alive as federal enforcement recedes.
04
Structuring Mistakes and State Law
Common structuring mistakes in owner-financed residential transactions and the state-law overlay that sits on top of the federal exemptions.
05
Due-on-Sale Exposure
Garn-St. Germain, its statutory exceptions, the land trust gap, lender enforcement patterns, insurance landmines, and the documentation requirements for subject-to and wraparound deals.
06
Exit Design at Origination
Refinance-out, balloon provisions, assumption pathways, and deed-back mechanics that build an enforceable exit into every wrap or subject-to deal.

Program schedule

clock 12:00 pm - 1:00 pm EST

Structuring Residential Seller Financing Inside the Dodd-Frank Exemptions

This session covers the two-tier seller-financing exemption structure under 12 CFR § 1026.36 the oneproperty and three-property paths and the structuring decisions, documentation requirements, and common drafting errors that determine whether a transaction qualifies. Attorneys gain working knowledge of how the SAFE Act licensing exemption differs from the Reg Z loan originator exemption, how the CFPB’s August 2024 contract-for-deed advisory opinion affects existing deal structures, and how reduced federal enforcement affects but does not eliminate client exposure under TILA’s private right of action. The session addresses the practical compliance demands facing attorneys who represent sellers, investors, or buyers in owner-financed residential transactions under current post-2014 rules.

Rick GuerraRick Guerra
clock 1:10 pm - 2:10 pm EST

Subject-To and Wraparound Deals: Due-on-Sale Counseling and Exit Design

This session examines the legal mechanics, risk profile, and documentation requirements of subject-to and wraparound mortgage transactions, with particular focus on due-on-sale clause exposure under the Garn-St. Germain Act and state-level regulatory frameworks. Attorneys will learn how to counsel clients on acceleration risk, structure compliant wrap arrangements, and build enforceable exit pathways into every deal at origination. Attendees leave with a working knowledge of the disclosure obligations, insurance hazards, licensing thresholds, and common documentation failures that define this practice area.

Rick GuerraRick Guerra
Rick Guerra

Rick Guerra

Guerra Days Law Group

Rick Guerra

Rick Guerra

Guerra Days Law Group

Rick Guerra represents real estate brokers, agents, mortgage brokers, investors, and homeowners in matters ranging from owner-financing transactions to million-dollar property disputes and litigation. Over the past decade, he has handled everything from complex real estate litigation to property transfers, prevailing twice before the Texas First Court of Appeals on behalf of homeowners in wrongful foreclosure and fraudulent robo-signing cases. He is the Managing Attorney of Guerra Days Law Group and Of Counsel to the Giron Kirby Law Group in Houston.

Education & Credentials

Mr. Guerra earned his J.D. from South Texas College of Law and his B.A. from the University of Houston, following an education in computer information systems, accounting, business, and law. He is admitted to the State Bar of Texas and to the United States District Courts for the Southern and Western Districts of Texas, and he is pursuing a CPA license. He practices in English and Spanish.

Recognition & Leadership

As Managing Attorney of Guerra Days Law Group, Mr. Guerra is responsible for meeting both the firm's goals and its clients' needs, and he manages the firm by one measure: what he would expect from his own attorney if he were the client. His two appellate victories at the Texas First Court of Appeals, in a fraudulent robo-signing matter and a wrongful foreclosure matter arising from a loan modification, anchor his foreclosure work.

Professional Involvement

Mr. Guerra's Of Counsel association with the Giron Kirby Law Group allows that firm to coordinate comprehensive legal services for its clients in real estate, business, and litigation. Through Guerra Days Law Group he serves clients from offices in Houston, San Antonio, and Edinburg.

Experience

Mr. Guerra's real estate practice centers on the transactions and disputes that surround owner financing: structuring and documenting owner-financed sales, litigating property disputes, and defending homeowners against foreclosure, including the robo-signing and loan-modification appeals he won at the Texas First Court of Appeals. His practice areas at Guerra Days Law Group span real estate law, probate, construction law, family law, and commercial law. On the business side, Mr. Guerra draws on his accounting background and his experience as a business owner to advise on entity formation, taxation, dissolution, and litigation, in business-owner disputes and dissolutions ranging from thousands of dollars to multi-year, million-dollar matters.
Rick Guerra

Rick Guerra

Guerra Days Law Group

Rick Guerra represents real estate brokers, agents, mortgage brokers, investors, and homeowners in matters ranging from owner-financing transactions to million-dollar property disputes and litigation. Over the past decade, he has handled everything from complex real estate litigation to property transfers, prevailing twice before the Texas First Court of Appeals on behalf of homeowners in wrongful foreclosure and fraudulent robo-signing cases. He is the Managing Attorney of Guerra Days Law Group and Of Counsel to the Giron Kirby Law Group in Houston.

Education & Credentials

Mr. Guerra earned his J.D. from South Texas College of Law and his B.A. from the University of Houston, following an education in computer information systems, accounting, business, and law. He is admitted to the State Bar of Texas and to the United States District Courts for the Southern and Western Districts of Texas, and he is pursuing a CPA license. He practices in English and Spanish.

Recognition & Leadership

As Managing Attorney of Guerra Days Law Group, Mr. Guerra is responsible for meeting both the firm's goals and its clients' needs, and he manages the firm by one measure: what he would expect from his own attorney if he were the client. His two appellate victories at the Texas First Court of Appeals, in a fraudulent robo-signing matter and a wrongful foreclosure matter arising from a loan modification, anchor his foreclosure work.

Professional Involvement

Mr. Guerra's Of Counsel association with the Giron Kirby Law Group allows that firm to coordinate comprehensive legal services for its clients in real estate, business, and litigation. Through Guerra Days Law Group he serves clients from offices in Houston, San Antonio, and Edinburg.

Experience

Mr. Guerra's real estate practice centers on the transactions and disputes that surround owner financing: structuring and documenting owner-financed sales, litigating property disputes, and defending homeowners against foreclosure, including the robo-signing and loan-modification appeals he won at the Texas First Court of Appeals. His practice areas at Guerra Days Law Group span real estate law, probate, construction law, family law, and commercial law. On the business side, Mr. Guerra draws on his accounting background and his experience as a business owner to advise on entity formation, taxation, dissolution, and litigation, in business-owner disputes and dissolutions ranging from thousands of dollars to multi-year, million-dollar matters.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs